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.
Pass Drug Testing 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.
  • 10 Things to Know To Pass A Drug Test In Washington

    1) Legal Outlook

    Washington state law neither directs nor limits employers who wish to get drug testing procedures carried out on employees. The state is Open to the procedure and lays few guidelines for employers.

    2) Policy

    No written policy is mandated. However, the presence of one helps in case of a dispute arising from workers compensation claim or for unemployment purposes. The policy should clearly state the employer’s stand with regard to a positive drug test response.

    3) Impact of Positive Testing

    The organization is free to decide the action to be taken on its defaulting employees. There may be varying levels of consequence severity depending on the nature of work the employee carries out.

    4) Permitted Substance

    The law is open to the use of marijuana prescribed for the purpose of medical reasons. There is a clear limitation on the use of this drug. Though there is legal acceptance of supervised consumption of marijuana, it is disallowed in the workplace, school bus, school grounds and at youth centers.

    5) Required Testing

    Drivers and employees of motor carriers are required to go through a testing program conducted by the medical review officer or breath alcohol technicians. Any positive drug or alcohol test of a commercial motor vehicle driver must be reported to the department of licensing. The MRO or breath alcohol technicians may be under contract or direct appointment with the motor carrier or employer of the driver.

    6) Notice

    The law does not lay down a requirement for a written notice to be posted at the workplace. The absence of a visible notice cannot be taken as a reason for being found under the influence of a substance.

    7) Cost

    The law does not put the burden of the cost of drug testing on the employer. Since the employer is free to decide the drugs for which an individual is to be tested, it is advisable to clarify who bears the expense before opting for the tests.

    8) Timing of Drug Test

    The law does not specify when a drug test may be initiated. The employer may ask a job aspirant to undergo a drug test before joining the company or may make drug testing a necessary condition for continued employment. Random drug tests are an available option to be used if there are significantly disturbing behaviors exhibited by an individual. Drug or alcohol tests may be carried out immediately after an accident.

    9) Jobs Specified

    The law does not specify jobs for which mandatory drug testing is needed. The employer is free to choose jobs involving high risk exposure to the individual, other workers or to the public. The employer may direct all employees and job aspirants to undergo medical testing.

    10) What Substances

    The absence of a legal definition about the substances for which testing may be done leaves the decision to the employer. Though marijuana may be consumed, it is not acceptable at work locations. The presence of marijuana detected in the employee’s sample may receive the same treatment as that of any other drug..

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