Instant or POCT Testing |
No Restrictions |
|
Drug Panels |
No Restrictions |
|
Laboratory |
No Restrictions |
|
Medical Review Officer (MRO) |
Not required |
The use of MRO is highly recommended to avoid liability in your drug testing program. |
Random Testing |
No Restrictions |
|
Post-Accident |
No Restrictions |
|
Reasonable Suspicion |
No Restrictions |
Document carefully |
Oral Fluids |
No Restrictions |
|
Hair Testing |
No Restrictions |
|
Unemployment Denial |
Yes, address in company policy. |
State that violation of drug-free workplace policy is misconduct to deny unemployment benefits. RCW 50.20.066rnrn |
Workers Comp Discount |
No |
|
Intoxication Defense |
No |
|
Medical Marijuana |
Yes |
Medical marijuana is regulated in Washington but may no requirement to accommodate in any place of employment. Under Washington law, the employer has no duty to accommodate medical marijuana in drug-free workplaces, even when used outside the workplace. |
Recreational Marijuana |
Yes |
The Washington recreational marijuana law does not directly alter the law in the State on employer drug testing. Employers must address recreational marijuana and medical marijuana in their drug-free workplace policies. |
Report Driver DOT Positives |
Yes |
Requires MROs and BATs to report positive DOT drug and alcohol test results on individuals holding a WA CDL directly to the State using a standard form. The SAP submits the SAP assessment/treatment report to the State. For the 1st and 2nd violations, the driver's CDL is suspended until successful completion of the SAP assessment and rehabilitation process is documented by the SAP report to the State. For the 3rd violation within five years, there is a lifetime suspension of the CDL. |
General Statute |
|
No State Law on Drug Testing, no restriction |