Order a Drug Test in Washington

Pre-Employment Drug Testing in Washington

For nonexempt initial hiring, RCW 49.44.240 prohibits discrimination based on off-duty, off-premises cannabis use or a screen detecting nonpsychoactive cannabis metabolites. Testing for other controlled substances remains available.

• Determine whether a statutory exception applies to the actual position.
• Identify qualifying safety-sensitive positions before the application.
• Consider the 4 Panel or 9 Panel no-THC option where appropriate.
• Tell applicants what is tested and how results are reviewed.
• Confirm any cannabis-result suppression separately with the testing service.
• Use consistent criteria and protect medical information.

Official source: RCW 49.44.240

Employer Testing Programs

The initial-hiring cannabis statute does not apply to other testing, including post-accident and suspicion-of-impairment testing. It preserves drug- and alcohol-free workplace policies. That does not make every employee testing practice lawful under all other laws.

• Define lawful testing reasons and covered positions.
• Document observable facts supporting suspicion.
• Review random selection against privacy, public-sector, and contract requirements.
• Arrange confirmation and confidential MRO review.
• Define costs, reporting, retests, refusals, and consequences in the policy.
• Keep DOT and non-DOT orders and records separate.

Official source: RCW 49.44.240

Initial-Hiring Cannabis Protection

RCW 49.44.240 protects applicants from initial-hiring discrimination based on cannabis use away from work or nonpsychoactive cannabis metabolites detected in hair, blood, urine, or other bodily fluids. The rule is not limited to medical-cannabis patients.

The law permits scientifically valid screening methods that do not screen for those metabolites. Changing specimen type alone does not establish that a test meets this provision.

Official source: RCW 49.44.240

Job-Specific Exceptions

Exceptions include positions requiring a federal background investigation or security clearance; specified law-enforcement, fire, emergency-response and 911-dispatch roles; corrections and directly related custody or security positions; and airline or aerospace industry positions.

A separate exception covers safety-sensitive jobs where impairment presents a substantial risk of death. Employers must identify those positions before the applicant applies. A generic safety label is not the statutory test.

Official source: RCW 49.44.240

Federal Requirements and Reporting

The statute does not displace state or federal testing requirements, including applicable conditions of federal funding, licensing benefits, or federal contracts. Document the requirement that applies rather than assuming every contractor is exempt.

A broad drug panel may include cannabis if cannabis results are not given to the employer and the nondiscrimination rule is respected. Do not order a standard THC panel assuming that suppression occurs automatically.

Official source: RCW 49.44.240

Current Employees and Policy Safeguards

The initial-hiring law excludes other controlled-substance testing, such as post-accident tests and tests prompted by suspected impairment. It does not establish a universal random-testing mandate or eliminate other privacy and employment protections.

Use a clear written policy, documented collection, confirmation of nonnegative screens, medical review, and a defined challenge process. These are program safeguards; do not represent them as one uniform statutory procedure for every private Washington test.

Official source: RCW 49.44.240

State Civil-Service Programs

Covered state personnel programs have separate rules under WAC 357-37-200. Employers should review that rule and their agency policy when evaluating employee drug or alcohol testing, along with bargaining obligations and applicable constitutional protections.

This civil-service rule should not be presented as governing every private business or every local-government employee. Establish the employer’s actual coverage before designing a program.

WAC 357-37-200 — Employee Drug/Alcohol Testing

Medical Cannabis and Workplace Safety

RCW 69.51A.060 does not require accommodation of on-site medical cannabis use. It allows drug-free workplace policies and does not require medical-use accommodation where an employer has a drug-free workplace.

Read that provision together with the later initial-hiring protections. Separately evaluate the underlying medical condition, disability obligations, workplace conduct, and testing purpose before taking action.

Official source: RCW 69.51A.060

Adult-Use Cannabis

Washington permits adult-use cannabis for people age 21 and older within state limits. Public consumption is prohibited. Legal adult access does not authorize impairment at work or replace federal safety rules.

For initial hiring, the specific protections and exceptions in RCW 49.44.240 apply independently of a person’s medical-patient status.

Washington LCB — Using and Having Cannabis

Medical Use Is Not a Workplace Exemption

Washington has a medical cannabis framework under chapter 69.51A RCW. Its employment provisions do not require on-site use accommodation or accommodation of medical use in a drug-free workplace.

A patient authorization does not guarantee a negative THC result. Handle relevant medical information confidentially and evaluate initial-hiring protections separately.

Official source: RCW 69.51A.060

No-THC Options for Hiring

The 4 Panel and 9 Panel tests shown above exclude marijuana/THC. Where an employer does not have an applicable hiring exception, a no-THC panel may simplify compliance with the cannabis-result restrictions while screening for other listed substances.

Check the exact drug list against the organization’s needs. The two no-THC panels have different coverage; neither substitutes for DOT testing.

Official source: RCW 49.44.240

A Result Is Not an Impairment Finding

Nonpsychoactive cannabis metabolites can reflect earlier use. A positive urine metabolite result alone does not establish that someone is currently impaired. Washington’s hiring statute expressly distinguishes this type of testing.

For workplace incidents, document behavior and other relevant evidence, follow a lawful policy, and use appropriate laboratory and medical review. Do not equate the law’s post-accident exclusion with permission for every testing or disciplinary decision.

Official source: RCW 49.44.240

DOT Rules Are Separate from Non-DOT Testing

A personal or employer non-DOT drug test should not be substituted for a test that is required under DOT regulations. DOT programs have specific requirements for test reasons, forms, collection procedures, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes.

Federal source: U.S. Department of Transportation — 49 CFR Part 40

Examples of DOT-Regulated Industries

• Commercial motor carriers regulated by FMCSA.
• Aviation employers regulated by FAA.
• Railroad employers regulated by FRA.
• Public transit employers regulated by FTA.
• Pipeline operators regulated by PHMSA.
• Other covered transportation operations under federal rules.