Employers should be careful, however, because simply having a contract with the federal government is not a 'requirement' to drug test employees. Department of Transportation regulations, and does not restrict in situations where applicants must be tested as a condition of employment in order to receive federal funding or federal-licensing related benefits, or as required by federal contract.

The new law does not preempt state or federal laws that require applicants to be tested for controlled substances, including under U.S. * Note: Employers must identify these positions before the applicant applies for the position.

Positions categorized as 'safety sensitive' when impairment while working presents a substantial risk of death.

Positions in the airline or aerospace industries or.

Positions as corrections officer with a jail, detention facility, or the department of corrections, including any position directly responsible for the custody, safety, and security of persons confined in those facilities.Other first responder positions not listed above, including 911 dispatchers with public or private emergency communication systems or positions responsible for providing emergency medical services.Positions with Washington law enforcement agencies fire departments, fire protection districts, or regional fire protection service authorities.Positions that require a federal government background investigation or security clearance.Most Washington employers will soon be prohibited from refusing to hire qualified applicants who test positive for cannabis in a pre-employment drug screen, with some exceptions for jobs in certain industries and safety-sensitive positions, including: (b) an employer-required drug screening test determines the applicant has nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. (a) the person's use of cannabis outside of the workplace, or The new law prohibits most Washington employers from discriminating against qualified job applicants during the initial hiring process, if the basis for discrimination is either: The Legislature passed this law recognizing that though applicants may consume cannabis legally, they could still be disqualified from jobs during initial hiring by a pre-employment drug test, which detects cannabis consumed up to 30 days before. On May 9, 2023, Governor Inslee signed into law SB 5123, which protects job applicants from hiring discrimination if they engage in lawful use of cannabis outside of the workplace. 1, 2024Įmployers in Washington who engage in pre-employment drug testing must re-evaluate their drug testing programs based on a new Washington law effective January 1, 2024.

Employers should review policies covering drug screening and controlled substances to ensure compliance by Jan.

Masked by J.D. Wright