Washibgton state employee rights regarding drug screen
This page provides answers to frequently asked questions about marijuana law as it relates to local government employers and employees in Washington State. For more information on marijuana regulation, see our page on Marijuana Regulation in Washington State. Similar to alcohol, employers may regulate use or impacts of marijuana use in the workplace. RCW In addition, employers may have workplace policies prohibiting marijuana use or being under the influence of marijuana.
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Content:
- Occupational Medicine
- Washington State Drug Testing Laws: What Employers Need to Know
- Legal Weed, Tight Labor Market Has Companies Dropping Drug Tests
- The Big Lie: Pre-employment Drug Testing is Dead?
- What You Need to Know About Workplace Drug Testing & Cannabis
- Washington State Court Allows Firing for Legal Use of Medical Marijuana
- Drug Test – Seattle, WA
- Washington State Drug Testing Laws
Occupational Medicine
Our website uses cookies to enhance your browsing experience and to help us make sure you receive relevant information regarding our services. By continuing to browse our website you agree to the collection and use of your personal information in accordance with our Privacy Statement. Employers want to hire the best possible candidates for their open positions. To help ensure that the candidates you hire are suited for your company, you might complete pre-employment background checks.
Another important tool you might want to consider is a pre-employment drug test. Pre-employment drug screening and random drug tests can help employers to save money and protect workplace safety. Employee drug and alcohol abuse result in lost productivity, increased absenteeism, higher health care costs, and workplace accidents. At iprospectcheck, we offer comprehensive clinical services for employers that require drug tests, including DOT drug panels.
Through our extensive lab network, we can provide fast results to our clients to speed the hiring process. We have written this overview of pre-employment drug screening to provide you with more information about what you need to know about implementing a testing program at your company. Companies use pre-employment drug tests to determine whether prospective employees abuse illegal drugs or prescription medications.
Employers might also use drug tests for employees on a random basis or after they return to work following absences or injuries. Many employers ask prospective employees to complete pre-employment drug tests, making their job offers contingent on passing the drug-screens. Drug screens may be performed through urine, saliva, blood, or sweat tests, and employers can request tests that screen for other substances in addition to the five listed above.
Drug screening is an important way to protect workplace safety, including pre-employment drug tests, random tests of employees, and reasonable suspicion or post-accident drug screens. Illicit drug use is a prevalent problem in the U. According to the National Survey on Drug Use and Health from the Substance Abuse and Mental Health Services Administration, more than 57 million Americans ages 12 and older admitted using illicit drugs within the past year, and nearly 36 million admitted using within the past month.
Pre-employment drug testing and routine screenings of employees are critical for workplace safety and can help employers combat high turnover rates, boost employee morale, and save costs. In certain industries, the importance of pre-employment and routine drug screening for applicants and employees is obvious. For example, transportation companies that hire truck drivers, taxi drivers, and bus drivers should include drug screening as a regular part of their screening processes.
The transportation industry is also subject to strict regulations that mandate pre-employment DOT drug screens and random tests of drivers. Other industries, including construction and health care, also should consider pre-employment drug screens because of potential safety issues that could otherwise occur. Pre-employment drug screens are a good idea for employers in many different industries because of the reduction in costs and potential liability issues that could otherwise arise.
The following statistics demonstrate why it is important for employers to take steps to achieve drug-free workplaces:. Urine tests are the most common type of pre-employment drug test used by employers in the U. Typically, an employer will extend a conditional job offer to a prospective employee that is contingent on the applicant passing the drug screening.
The applicant will be asked to provide a urine sample, which will then undergo an initial screen. If the initial screen indicates the presence of a drug, a confirmation screen will be conducted before the results are provided to the employer. Urine tests may also be used in random testing programs for existing employees and when employers have reasonable suspicion that an employee might be using illegal drugs.
Urine tests tell employers whether an employee has recently used drugs. For employers that conduct drug screens under federal mandate, urinalysis is the only approved method and is often chosen by both non-regulated and regulated employers.
Hair tests have a long detection span and can detect drug use from up to three months before the testing date. Hair testing only detects past drug use and will not return results for alcohol. If the person has used drugs during the detection window, the test will reveal a positive result. Some employers use blood drug tests to screen applicants or employees for illegal drug or alcohol use.
A sample of blood is drawn by a licensed phlebotomist and is then sent to a lab for testing. However, since this is very invasive, it is not used by most employers. Saliva testing is used by some employers since the applicants or employees can be observed throughout the collection process, making it difficult for the applicants or employees to dilute the results or adulterate them. Saliva can also be collected on-site at the workplace, which helps to reduce time and costs.
Saliva tests detect recent use within a few hours up to three days. Breath alcohol tests may be used when an employer suspects an employee may be impaired by alcohol on the job. Most employers ask for the following five substances to be screened on a pre-employment drug test:. Some employers also request screens that test for additional substances. Blood or breath tests can be used to test for recent use of alcohol and might be requested after an accident or when an employee exhibits signs of alcohol impairment on the job.
Other than in federally-regulated safety-sensitive industries, including nuclear energy, transportation, and military contractors, states are largely in control of laws governing pre-employment drug testing. While these laws vary from state to state, most states authorize employers to conduct pre-employment drug tests as long as the tests comply with the state regulations. Some states also require employers to give applicants notice that drug testing will be required in their job advertisements.
Even in states that allow pre-employment drug testing, there are several areas in which employers need to take care to avoid violating other federal or state laws to prevent potential liability claims. Title VII of the Civil Rights Act of and state anti-discrimination laws prohibit workplace discrimination based on the protected characteristics of certain groups of applicants or employees.
If you only test certain applicants based on their gender, age, race, color, national origin, sexual orientation, etc. You can avoid this problem by giving all applicants the same tests instead of only testing specific groups. An applicant or employee who takes prescription drugs for a covered disability under the Americans with Disabilities Act may test positive on a drug screen, depending on the type of drug he or she is prescribed.
For example, if an applicant is prescribed opiates for a covered disability, he or she might file a lawsuit if a job offer is rescinded based on the test results. Applicants should be given the opportunity to explain or challenge drug test results if they will be used to make adverse job decisions.
Employers are also not allowed to divulge the private medical information of employees to others in the workplace. If an employer conducts drug testing in the workplace in a way that violates the privacy of its employees, the employer may face a lawsuit for invasion of privacy. For example, if an employee or applicant is forced to disrobe in front of others when performing a pre-employment drug test or an employment drug screen, the employee might have grounds to file a lawsuit.
Since state regulations and laws about employment drug testing vary and constantly evolve, employers should talk to attorneys if they have concerns about whether their drug testing programs and policies comply with all relevant laws.
When you work with a trusted partner like iprospectcheck, we complete drug testing in a way that complies with all of the laws. Before starting a drug-testing program at your company, you should research the federal and state laws and regulations to make sure that you comply with the requirements.
Make sure to put your drug screening policy in writing in a policy that complies with any applicable federal or state laws. Make sure that this notice is provided to the applicant or employee in writing as a standalone form.
After you have ordered a drug test, the applicant or employee will be sent an email asking for consent to be tested. This form asks the candidate to authorize the administration of the drug screen. After an applicant or employee has provided consent, he or she will be given instructions for where to go to complete the test.
Candidates are given a form that they must bring to the testing site together with a valid photo ID. Employees and candidates provide a urine, hair, or saliva sample at the collection site. They should be encouraged to bring any prescriptions that they currently take to reduce the risk of false positives. A medical review officer will review the test results to ensure accuracy.
Within one to three days, both you and the candidate or employee will be able to review the results. Candidates are generally only notified if their results are positive.
If you decide to make an adverse hiring decision based on information from a background check or pre-employment drug test, you must follow the adverse action process under the Fair Credit Reporting Act before finalizing your decision. If you test positive on a pre-employment drug test during the initial screening, your sample will be sent for confirmation testing.
If the confirmation test also reveals a positive result, a medical review officer will review the chain of custody of the sample and the results. Depending on the results, you might be contacted by the MRO to answer questions about any prescriptions you might take that might explain the positive test. For example, if your sample tested positive for benzodiazepines, you might be asked whether you have any current prescription for this class of drugs.
An MRO might not contact you. Instead, you might first learn your results from a human resources professional at the company where you applied. In most cases, failing a pre-employment drug test will mean that you will not be eligible for the position. Before a company can conduct pre-employment drug tests, they must first clearly state that an offer of a position to the candidate is contingent on passing a pre-employment drug test. Companies might make this type of statement in the job posting, a conditional offer of employment letter, or in another official document.
A clear statement that your offer is contingent on passing a pre-employment drug test gives a prospective employer the right to rescind an offer if you fail the test. In addition to a pre-employment drug screen, some employers also require candidates to agree to random drug tests after they are hired if the employers suspect that the candidates might be using substances either on or off duty when the substance use might affect workplace safety and job performance.
Once your prospective employer notifies you that your drug test was positive, you can request that the specimen be retested. If the lab collected a split specimen sample, the lab will retain the second sample for potential retesting when the initial sample tests positive. If the lab only collected one sample, it might save a portion of the sample for potential retesting. If you are notified by a medical review officer that your drug test was positive, you will have 72 hours to ask for a retest.
You can make this request orally or in writing. If you request a retest of the original sample or of the split sample, it will trigger the confirmation testing. You will have to pay for the cost of the retest and should be prepared to do so.
If you make a timely request for a retest, the medical review officer will send a notice in writing to the lab to forward the portion of the initial sample or the split sample. The time and date of your request for retesting will be reported by the MRO to the company, and the MRO will also report whether the retest confirmed the positive result. Typically, some time will pass between an interview, job offer, and your pre-employment drug screen. If you cannot abstain from using drugs during that period, you might consider whether treatment could benefit you.
While you have the right to request a retest at your own expense when you fail a pre-employment drug test at your own expense as described above, you do not have a right to retake a pre-employment drug test. Instead, if you dispute the results, your original sample will be retested.
You will not be asked to submit a new sample. Pre-employment and random employment drug tests are important for protecting the safety of your workplace and your employees. When you include drug screens as a part of your pre-employment background check process, you can find candidates that are well-suited for your workplace.
Washington State Drug Testing Laws: What Employers Need to Know
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Legal Weed, Tight Labor Market Has Companies Dropping Drug Tests
Service : Occupational Health Screening. Navigating the fragmented legal landscape. With an eye on maximizing employee and workplace safety and minimizing the risks associated with impaired human capital, companies have traditionally accepted a zero-tolerance drug-free workplace policy as the safest and most obvious solution. However, the recent surge in state laws allowing patients to legally access marijuana for medicinal purposes has resulted in a growing area of concern and uncertainty for human resources departments—determining whether a company can discharge an applicant or employee who tests positive for marijuana but provides the company with a valid medical marijuana prescription has become increasingly challenging for employers given the fragmented legal landscape. First, it is important to recognize that there are no clear-cut answers on this issue given the changing nature of the law in this area. Nonetheless, given the current legal landscape, the answer to this question will depend on several factors, including whether the employer or position is federally regulated and whether the state has adopted a medical marijuana law that protects employees who lawfully use medical marijuana. The issue may be more straightforward when the position in question is subject to safety standards imposed by a federal regulation or when the state at issue does not have a medical marijuana program in place. All of these situations generally allow an employer to maintain a zero-tolerance drug-free workplace policy and terminate an applicant or employee who tests positive for marijuana, even when a valid prescription is produced. Employers operating in these states must review the statutory language and case law carefully to determine whether such laws require accommodations in the employment context. Further, some states have laws that explicitly protect medical marijuana users through anti-discrimination or reasonable accommodation provisions addressed at employers.
The Big Lie: Pre-employment Drug Testing is Dead?
When new laws regulating marijuana use go into effect today, Dec. Chances are good that Washington state employers that prohibited marijuana use prior to the passage of Initiative will continue to do so, even if possessing and smoking small amounts of the drug are legal within the state. The initiative prohibits underage usage, and driving while under the influence remains illegal. Douglas Hiatt, a Seattle attorney who co-founded Sensible Washington, an organization that calls for the repeal of all marijuana laws but was not involved in Initiative , says he supports broader reform and feels the new provisions don't go far enough.
What You Need to Know About Workplace Drug Testing & Cannabis
Washington regulates drug testing of state employees by state agencies WA Admin. Code Secs. Under those rules, an agency may require a specific employee to submit to a drug test only if:. This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements. Download Now. The U.
Washington State Court Allows Firing for Legal Use of Medical Marijuana
New Jersey, New York and New Mexico recently legalized recreational marijuana use for adults, adding to the many states Washington, California, Nevada, Maine, and Massachusetts, to name a few that have already done so. But what does this mean for employers? Can employees consume marijuana during work hours? Can they be under the influence at work? Can companies still drug test employees? Below we discuss recreational marijuana use laws and their impact on certain workplace practices and policies.
Drug Test – Seattle, WA
Chapter 4. Substance Abuse under the ADA. It has been reported that 10 percent to 25 percent of the American population is sometimes on the job under the influence of alcohol or some illicit drug.
Washington State Drug Testing Laws
Maintaining a safe and productive work environment is critical for businesses and employees. The confidence you gain knowing you promote a drug-free workplace requires confidence in your screening provider. Our robust, automated technology helps deliver user-friendly data in the form of test analytics, single billing, and status tracking that provides straightforward details you need right away. Our panels address the most common drugs in the workplace with the ability to target specific drugs of particular concern for your organization. Often, companies need to expand drug screenings to include occupational health screening.
Washington does not have any specific law regulating or restricting an employer from conducting drug testing. However, employers who adopt a drug-free workplace program may require an employee to submit to either a drug test for controlled substances or an alcohol test. Although, federal law requires testing by employers in safety-sensitive industries such as transportation, aviation, the Department of Defense, and others. In Washington, the state and local law enforcement agencies determine the rights and limitations of an employer in performing a drug test. The state of Washington does not address drug testing in private employment.
Marijuana in the workplace raises many issues and gives voice to a wide range of opinion. Currently the law is being developed on a state by state basis. Little has changed in this state since Washington legalized marijuana. Yes, your employer may be able to legally fire you.
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