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A drug-free workplace program must meet certain confidentiality standards, and must contain all of the following elements:

• a written policy statement in compliance with the law
  
• substance abuse testing
  
• an employee assistance program
  
• employee education supervisor training
  

Employers may conduct random tests, or test on a reasonable-suspicion basis.

An employer with a drug-free workplace program must investigate each workplace injury that results in a worker needing off-site medical attention and require the employee to submit to drug and alcohol tests if the employer reasonably believes the employee has caused or contributed to the injury.

Job applicants. An employer with a drug-free workplace program must require job applicants to submit to a drug test after extending an offer of employment. The employer may use a refusal to submit to a drug test or a verified positive test as a basis for not hiring the job applicant.

Test results. Within five working days after receipt of a verified positive test result from the laboratory, an employer must inform an employee or job applicant in writing of the positive test result, the consequences of the result, and the options available to the employee or job applicant.

A first-time verified positive test result may not be used as a basis to terminate an employee's employment, but a second verified positive drug or alcohol test result may be the basis for termination. Also, any violation of employer rules pertaining to alcohol and drugs after the first verified positive drug or alcohol test may result in termination.

Washington's drug-free workplace law does not prevent an employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs, including convictions for drug-related offenses, and taking action based upon a violation of any of those rules.

Reporting to State of CDL Positives and Refusals-to-Test - A refusal-to-test by a commercial motor vehicle driver must be reported to the Washington Department of Labor by any motor vehicle carrier, employer or consortium required to have a testing program when the Medical Review Officer (MRO) or Breath Alcohol Technician (BAT) has not done so. A refusal-to-test will be considered the equivalent of a confirmed positive test. An MRO or BAT may report transit driver positive tests to the Department of Labor only when: (1) the driver has been fired or has resigned; (2) grievance proceedings up to, but not including, arbitration have been concluded; and (3) the driver - at the time of firing or resignation - has not been cleared for reinstatement under the DOT regulations.