| 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: |
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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..
PASS A DRUG TEST IN WASHINGTON
