Washington Drug Testing Laws and Regulations

State:	Washington

Statute of Order:	Wash. Rev. Code §49.127.1 et seq., Wash. Admin. Code §356-46-125, §356-05-128

Covered Employers:	Private employers seeking to qualify for a 5% workers' comp. premium discount, with approval by state authorities.

Applicant Testing:	Applicant testing authorized with advance written notice to applicant and after conditional offer of employment has been made.

Employee Testing:	Testing authorized for private employers on 60 days' notice to employees, in cases of workplace accidents, as part of an employee assistance program, on reasonable suspicion of substance abuse, or at random. Employers' written substance abuse policy must be posted and distributed to employees. State agencies can test on reasonable suspicion—stated in writing—for safety-sensitive positions pursuant to a written testing policy.

Conditions & Methods:	Testing only by certified laboratory, documentation showing chain of custody, confirming test for positive result, opportunity for employee to explain results, and methods to ensure confidentiality of test findings. First-time positive test result may not be grounds for termination. State agency policy must be approved by collective bargaining representative.

Important Bulletpoints:	The medical use of marijuana is regulated in Washington State and may not be accommodated in any place of employment. Holders of commercial driver’s license driving commercial motor vehicles are deemed to have given consent and are therefore subject to mandatory drug and alcohol testing. Law enforcement officers may administer the tests for reasonable cause. Refusal to undergo testing is a basis for disqualification from operating a commercial motor vehicle. Motor carriers or employers with drivers who operate commercial motor vehicles and are required to have a compliant drug or alcohol testing program must report employees who refused to submit to required testing for the presence of alcohol or controlled substances to law enforcement or the employer’s medical review officer. All medical review officers, who are contracted by motor carriers or employers operating commercial motor vehicles, are required by law to report to the department of licensing a commercial driver’s verified test results found positive for alcohol or controlled substances. Unemployment benefits may be denied of employees who are terminated for misconduct. The law stipulates that alcoholism does not constitute a defense in this case.

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Washington Drug Testing Laws and Regulations

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