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Washington Drug Testing Compliance

Capital Olympia Population 7,288,000
Largest city Seattle
Area 71,362 sq mi
Criminal rate 30 crimes /10,000 people Time Zone UTC−8/-7

Washington Employee Background Check Laws

Washington

Legal status for workplace drug screening and alcohol testing

Our intent is to make Washington drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Washington.

Washington 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 alcohol and drug testing in Washington and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Washington.
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 currently no requirements or restrictions, but we strongly encourage utilizing a certified laboratory for drug testing.
Q7: What types of specimens can we test for?
A: No restrictions
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions.

Did you know?

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

Correct!

 

Answer is “Yes”

There are currently no limitations or restrictions for drug and alcohol testing in Washington.

Washington 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 are no known state statutes, regulations, or court decisions in existence, 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. There are approximately forty years of testing experience in this country to assist you in that effort.

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)

Update: December 2017

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.

Washington 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.

Washington personal and medical use of marijuana.

Medical Use: Ballot Initiative I-692 was approved by 59% of voters in the November 3, 1998 election establishing the “Washington State Medical Use of Marijuana Act.” Nothing in this chapter requires any accommodation of any onsite medical use of cannabis in any place of employment, in any school bus or on any school grounds, in any youth center, in any correctional facility, or allows smoking cannabis in any public place. Employers may establish drug-free work policies. Nothing in this chapter requires an accommodation for the medical use of cannabis if an employer has a drug-free work place.

Personal Use: Washington voters approved Ballot Initiative 502 in the November 2012 election. This act authorized the legal possession of up to 1 oz. of usable marijuana and up to 16 oz. of “marijuana infused” products in solid form. It also allowed up to 72 oz. of marijuana infused products in liquid form for anyone 21 years old or older.

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

Update: December 2017

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.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

Update: December 2017

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