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Texas Drug Testing Compliance

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Texas

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make Texas drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in this state. Texas is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice; however, there may be federal rules to consider that may restrict your program in other ways. This overview is to introduce you to the nature and history of Texas workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements for employer drug screening policies in Texas.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: There are no requirements or restrictions, but you are strongly encouraged to utilize a certified laboratory.
Q7: What types of specimens can we test for?
A: No restrictions
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions.

Texas Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing, and no known regulation limits workplace drug or alcohol testing. Since there is no known state statute, regulation, or court decision existing in this state, you may be free, within the limits of applicable federal rules, to draft any policy you wish and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.

However, employers should use care when taking any adverse employment action against an employee who is certified to use medical marijuana under the Compassionate Use Act.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Can I do a random testing for my employees in Texas?

Correct!

Answer is “Yes”

There are no limitations for drug and alcohol testing in Texas.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Texas Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Texas personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: Gov. Greg Abbott signed the Texas Compassionate Use Act on June 1, 2015. The Act requires the creation of a secure registry of doctors that are authorized to prescribe low-THC cannabis to patients suffering from intractable epilepsy. As of  September 2021, the Compassionate Use Act expanded to cover all forms of cancer and patients with post-traumatic stress disorder. The new maximum amount of THC available in medicinal cannabis products will increase from 0.5 percent to 1 percent. This may cause an increase in positive drug tests for employees in Texas.

Personal Use: Texas does not currently have a personal marijuana use law.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

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