Can employers require employees to take drug tests?

In Washington, employers are generally allowed to require drug tests of current and potential employees. However, there are laws and regulations that must be followed in order for drug testing to be legal. The Washington State Department of Labor and Industries (L&I) does not have any specific laws governing drug tests, but does have rules for employers in the state. These rules require employers to have a written policy in place that states their stance on drug testing and outlines the procedures for testing. Also, employers must provide advance notice to employees of their policy and the potential consequences of refusing a test. Employers can only test current or potential employees for the use of certain drugs, such as marijuana and other illegal drugs. Employers should not require drug tests for other substances, such as alcohol or prescription drugs, unless there is a reasonable suspicion that the employee is using that substance on the job. In addition, employers must ensure that drug tests are conducted by medical professionals in a professional setting. There are also limits on how employers can use the results of the test. For example, employers may not use the results of the tests to discriminate against an employee. Overall, employers in Washington may require drug tests of current and potential employees. However, these tests must be conducted in accordance with the laws and regulations set forth by the L&I.

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