Applicants and employees must be given the opportunity to re-test a sample that has tested positive. No statute Washington Private employers who want a discount on their workers' compensation premiums may test applicants if advance notice has been given and a job has been offered. Employees may be tested upon reasonable suspicion of drug abuse, following a workplace accident, or at random. Employer must post testing policy and must offer an employee assistance program to employees who test positive before terminating them. Employers can terminate employees who have a second confirmed positive test or refuse to participate in the employee assistance program.
Employees have the right to explain or contest the results.
Random testing is allowed. Results are confidential and cannot be used in a criminal proceeding. You generally have much more leeway in screening job applicants than in testing employees who are already on board. If your state permits testing applicants or employees and you plan to do such testing, use the job application form to inform applicants of this policy. When applicants are told up front about drug testing, it's harder for them to later claim that your drug testing program is a violation of their privacy.