Washington Administrative Code
Title 357 - Financial Management, Office of State Human Resources Director
Chapter 357-37 - Performance management
Section 357-37-200 - Can an employer require an employee to submit to drug/alcohol testing?
Universal Citation: WA Admin Code 357-37-200
Current through Register Vol. 24-06, March 15, 2024
In addition to drug/alcohol testing required by state or federal law, an employer may require a specific employee to submit to drug/alcohol testing designed to identify the presence in the body of controlled substances referenced under chapter 69.50 RCW, other than drugs prescribed by a physician, if:
(1) The employer has a policy that:
(a) Complies with legal
requirements;
(b) Establishes
procedures under which the test may be conducted;
(c) Provides for the confidential treatment
of drug and or alcohol test results as required by law or in an action or
proceeding challenging any disciplinary action arising from the circumstances
which led to the test; and
(2) One of the following conditions apply:
(a) The employee is subject to testing
because:
(i) The employer has specific,
objective grounds to believe the employee's work performance is impaired due to
the presence of such substances in the body; or
(ii) While on duty the employee is involved
in an accident or incident as described by the employer's policy;
(b) The employer determines that
employees in positions with any of the following responsibilities are subject
to testing:
(i) Providing security on state
property or ensuring public safety;
(ii) Administering or dispensing medication;
or
(iii) Utilizing a firearm as
called for in performance of job duties.
Statutory Authority: Chapter 41.06 RCW. 05-12-096, § 357-37-200, filed 5/27/05, effective 7/1/05.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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