The Washington Administrative Code regulates drug testing of state employees by state agencies. Under those rules, an agency may require a specific employee to submit to a drug test only if (WA Admin. Code Sec. 356-46-125, Sec. 356-05-128 WA Admin. Code Sec. 356-05-128):
· The agency has specific, objective reasons for believing that the employee's job performance is impaired because of controlled substances, and the agency states those reasons in writing.
· The employee holds a safety-sensitive job, i.e., holds a job in which impairment would endanger his or her or others' physical safety.
· The agency has a specific written drug policy that authorizes drug testing, establishes procedures for conducting tests, assures confidentiality, and has been submitted to the collective bargaining representative, if any.
A motor carrier, employer, or consortium that is required to have a testing program must report a refusal by a commercial motor vehicle driver to take a drug or alcohol test to the state Department of Labor when the medical review officer or the breath alcohol technician has not reported the refusal. A refusal to take a drug or alcohol test that meets the standard for refusal under federal law is considered equivalent to a report of a verified positive drug test or a positive alcohol confirmation test, respectively.
A medical review officer or a breath alcohol technician under contract to an employer involved in transit operations may report a positive alcohol or drug test for transit drivers to the state Department of Labor only when the positive test is a preemployment screening test. A transit employer may report a positive test to the state Department ...