The state’s Drug and Alcohol Testing in the Workplace Act (DATWA) limits employers’ ability to test employees and independent contractors for illegal drugs and alcohol. (The law does not apply to businesses such as trucking firms that must follow federal regulations for workplace drug testing.)
While DATWA does not require employers to perform drug testing, it governs the process if employers elect to do so. Those employers must have a written drug and alcohol testing policy covering at least these points:
- The employees or job applicants subject to testing under the policy
- The circumstances under which testing may occur
- The employee/applicant’s right to refuse testing and the consequences of refusal
- Any disciplinary action that may occur after a confirmed positive test
- The employee’s right to explain the positive test and pay for a confirmatory retest
- Any other procedures available.
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