Can my employer drug test me in Washington?
1. Federal Framework
Drug-Free Workplace Act for federal contractors over $100,000. DOT regulations (49 C.F.R. Part 40) for transportation. Federal aviation, nuclear, pipeline rules.
2. State Drug-Testing Statute
Washington has no comprehensive testing statute. RCW 49.44.240, effective January 1, 2024, prohibits employers from making hiring decisions based on either off-duty cannabis use or pre-employment testing detecting only non-psychoactive cannabis metabolites. Roe v. TeleTech Customer Care, 171 Wn.2d 736 (2011) held the Medical Use of Marijuana Act (MUMA) created no employment cause of action—but RCW 49.44.240 now provides pre-employment protections.
3. Test Categories
Post-hire testing largely unrestricted by statute: reasonable suspicion, post-accident, random (safety-sensitive), return-to-duty. Pre-employment cannabis-only testing now restricted under § 49.44.240.
4. Required Procedures
No general statutory procedure. SAMHSA-certified lab and MRO review industry standard. Public-sector and unionized employees have additional CBA protections.
5. Marijuana Considerations
Recreational legal (RCW 69.50). RCW 49.44.240 prohibits pre-employment cannabis-metabolite testing for non-safety-sensitive positions but does NOT restrict post-hire testing or testing for active impairment. Medical cannabis (RCW 69.51A) provides no employment accommodation per Roe. § 49.44.240 exempts: (a) safety-sensitive positions designated in advance, (b) federal-law-required testing, (c) federal contractors/grant recipients, (d) law enforcement, fire, corrections, airline/aerospace.
6. Safety-Sensitive Carve-Outs
DOT-covered positions per 49 C.F.R. Part 40. RCW 49.44.240 lists specific exempted categories. Healthcare workers handling controlled substances.
7. ADA / Disability
Current illegal drug use not protected under WLAD (RCW 49.60) or ADA. Recovering addicts in supervised treatment protected.
8. Remedies for Improper Test
RCW 49.44.240 violations enforced via WLAD framework—back pay, emotional distress, attorney fees. Wrongful discharge in violation of public policy (Thompson). Common-law privacy (rare). Defamation possible.
This is legal information, not legal advice.
- Job offer rescinded after pre-employment cannabis test for non-safety-sensitive role post-1/1/2024
- Random test imposed without safety-sensitive justification or written policy
- Disability-related prescription medication caused positive test and termination
- RCW 49.44.240
- RCW 49.60 (WLAD)
- RCW 69.51A
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.