Washington Drug Laws

Washington Drug Laws & How To Pass A Drug Test in 2018.  Whether you want the most current information on Washington drug laws or you need to learn how to pass any drug test in Washington, you have come to the right place.

Do You Need To Pass A Drug Test In Washington?

Washington Drug Laws And Regulations Are Tough.  This information has been specifically developed for those individuals in Washington who are concerned with learning how to pass a drug test specifically in Washington.

First, we are not attorneys and can not provide legal advice on Washington Drug Laws And Regulations. This can only be done with an Attorney.  It is very important you seek professional advice skilled with the ins and outs of Washington drug laws and those drug laws specific to your location in Washington.  You need to make the choice of when and were to see legal advice.

Second, for those of you who are concerned with those Washington Drug Laws being applied to you, we offer not only information to pass a drug test in Washington, but specific information on various drug laws and regulations in Washington.  In you live in Washington and want to pass a drug test in Washington, you need this information.

There Are Four Major Drug Tests Given In Washington.

Each drug test has its own specific strengths you must avoid and weak­ness in which one can take advan­tage.  What you learn here could make the difference between failing and passing a drug test in Washington.  We will also provide information on how to detoxify your body completely and permanently.

How To Pass A Drug Test For Urine.How To Pass A Drug Test For Urine.  The Urine Drug Test is the most common due to its simplicity to administer, accuracy and immediate results according to Washington drug laws.  The urine drug test is also the easiest to beat.

How To Pass A Drug Test For Saliva.How To Pass A Drug Test For Saliva.  The Saliva Drug Test can be given at anytime, anywhere and by anyone according to Washington drug laws. The saliva drug test results are also very accurate and immediate.

How To Pass A Drug Test For Hair.How To Pass A Drug Test For Hair.  The Hair Drug Test can detect drug usage in any hair that was growing anywhere on your body at the time you used the drug according to Washington drug laws. You are at risk for at least 90 days from your use.

How To Pass A Drug Test For Blood. How To Pass A Drug Test For Blood.  The Blood Drug Test is very accurate and must be given by a heath care professional according to Washington drug laws. It is most often given by insurance companies or law enforcement.

How To Detoxify Your Body Completely.How To Detoxify Your Body Completely.  If you have 5 days you can detoxify your body completely and permanently.  You can be toxin free until you choose to reintroduce new ones.

Washington Drug Laws For Employees.

The state of Washington doesn’t prohibit or restrict employee drug testing.  Although many states have passed laws regulating or restricting an employer’s right to require drug testing, Washington is not one of them. No Washington law addresses drug testing in private employment. This means that employers are free to require or ask employees and applicants to take a drug test, as long as they don’t run afoul of other legal protections.

Legal Claims Arising From Drug Testing.

Have you been illegally asked or required to take a drug test in Washington?  Even though Washington Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.

Here are some examples:

  • Violation of Washington Drug Laws And Procedures.  Although an employer has the legal right to test, it must follow the state’s requirements.  An Washington employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
  • Disability Discrimination.  An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA).  Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions.  If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
  • Other Discrimination Claims.  An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
  • Invasion Of Privacy.  Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test.  For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
  • Defamation.  An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate.  For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.

Breakdown Of Washington Drug Laws.

Washington Drug Laws. Washington
Statute of Order: Wash. Rev. Code §49.127.1 et seq., Wash. Admin. Code §356-46-125, §356-05-128
Covered Employers: Private employers seeking to qualify for a 5% workers’ comp. premium discount, with approval by state authorities.
Applicant Testing: Applicant testing authorized with advance written notice to applicant and after conditional offer of employment has been made.
Employee Testing: Testing authorized for private employers on 60 days’ notice to employees, in cases of workplace accidents, as part of an employee assistance program, on reasonable suspicion of substance abuse, or at random. Employers’ written substance abuse policy must be posted and distributed to employees. State agencies can test on reasonable suspicion—stated in writing—for safety-sensitive positions pursuant to a written testing policy.
Conditions & Methods: Testing only by certified laboratory, documentation showing chain of custody, confirming test for positive result, opportunity for employee to explain results, and methods to ensure confidentiality of test findings. First-time positive test result may not be grounds for termination. State agency policy must be approved by collective bargaining representative.
Testing Bullet Points:
  • The medical use of marijuana is regulated in Washington State and may not be accommodated in any place of employment.
  • Holders of commercial driver’s license driving commercial motor vehicles are deemed to have given consent and are therefore subject to mandatory drug and alcohol testing. Law enforcement officers may administer the tests for reasonable cause. Refusal to undergo testing is a basis for disqualification from operating a commercial motor vehicle.
  • Motor carriers or employers with drivers who operate commercial motor vehicles and are required to have a compliant drug or alcohol testing program must report employees who refused to submit to required testing for the presence of alcohol or controlled substances to law enforcement or the employer’s medical review officer.
  • All medical review officers, who are contracted by motor carriers or employers operating commercial motor vehicles, are required by law to report to the department of licensing a commercial driver’s verified test results found positive for alcohol or controlled substances.
  • Unemployment benefits may be denied of employees who are terminated for misconduct. The law stipulates that alcoholism does not constitute a defense in this case.

Federal law doesn’t have much to say about drug testing except for certain employers such as transportation, nuclear energy, and military contracting industries that are heavily regulated by the federal government.   Many states or even some local governments often do regulate drug testing. For a more comprehensive look at Federal, State or Local Drug Testing Laws see Workplace Drug Testing Laws.

The Washington Drug Law For Marijuana Possession.

The Vast Majority Of Drug Test Failures in Washington Are For Breaking Washington Drug Laws For Marijuana, Not Federal Or Local Laws.

Washington drug laws have their own spe­cific strengths you must avoid and weak­ness in which one can take advan­tage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.

Marijuana is the third most popular recreational drug in Washington behind only alcohol and tobacco.  Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Washington using marijuana.  According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use.  Washington is no exception in its implementation of marijuana law.

Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing.   This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment.   The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.

Overview Of Washington Drug Test Laws.

  1. Legal Outlook – Washington state law neither directs nor limits employers who wish to get drug testing procedures carried out on employees. The state is Open to the procedure and lays few guidelines for employers.
  2. Policy – No written policy is mandated. However, the presence of one helps in case of a dispute arising from workers compensation claim or for unemployment purposes. The policy should clearly state the employer’s stand with regard to a positive drug test response.
  3. Impact of Positive Testing – The organization is free to decide the action to be taken on its defaulting employees. There may be varying levels of consequence severity depending on the nature of work the employee carries out.
  4. Permitted Substance – The law is open to the use of marijuana prescribed for the purpose of medical reasons. There is a clear limitation on the use of this drug. Though there is legal acceptance of supervised consumption of marijuana, it is disallowed in the workplace, school bus, school grounds and at youth centers.
  5. Required Testing – Drivers and employees of motor carriers are required to go through a testing program conducted by the medical review officer or breath alcohol technicians. Any positive drug or alcohol test of a commercial motor vehicle driver must be reported to the department of licensing. The MRO or breath alcohol technicians may be under contract or direct appointment with the motor carrier or employer of the driver.
  6. Notice – The law does not lay down a requirement for a written notice to be posted at the workplace. The absence of a visible notice cannot be taken as a reason for being found under the influence of a substance.
  7. Cost – The law does not put the burden of the cost of drug testing on the employer. Since the employer is free to decide the drugs for which an individual is to be tested, it is advisable to clarify who bears the expense before opting for the tests.
  8. Timing of Drug Test – The law does not specify when a drug test may be initiated. The employer may ask a job aspirant to undergo a drug test before joining the company or may make drug testing a necessary condition for continued employment. Random drug tests are an available option to be used if there are significantly disturbing behaviors exhibited by an individual. Drug or alcohol tests may be carried out immediately after an accident.
  9. Jobs Specified – The law does not specify jobs for which mandatory drug testing is needed. The employer is free to choose jobs involving high risk exposure to the individual, other workers or to the public. The employer may direct all employees and job aspirants to undergo medical testing.
  10. What Substances – The absence of a legal definition about the substances for which testing may be done leaves the decision to the employer. Though marijuana may be consumed, it is not acceptable at work locations. The presence of marijuana detected in the employee’s sample may receive the same treatment as that of any other drug.

Federal Laws On Drug Testing

The Federal Drug Laws can be confusing and even sometimes seem to be in conflict with the Washington Drug Test Laws.  Their are specific and rather complex guidelines that Health And Human Services have published entitled Mandatory Guidelines for Federal
Workplace Drug Testing Programs.  Please review this information if you feel it is appropriate in addition to the Washington Drug Laws.

Federal Government Overview Of Drug Testing.

If you review the attached Federal Government / CDC Resource Guide you will know what the people giving the tests are trained to look for and the information they have as an instruction booklet.  This would be in addition to the information what you have learned specifically about the Washington Drug Laws.