Prefiled 12/27/23.Read first time 01/08/24.Referred to Committee on Labor & Workplace Standards.

AN ACT Relating to allowing employers to screen candidates for cannabis use when hiring for certain positions involving services to persons with substance use disorder; and amending RCW 49.44.240.

Sec. 1. RCW 49.44.240 and 2023 c 359 s 2 are each amended to read as follows:

(1) It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon:

(a) The person's use of cannabis off the job and away from the workplace; or

(b) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.

(a) Prohibits an employer from basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites;

(b) Affects the rights or obligations of an employer to maintain a drug and alcohol free workplace, or any other rights or obligations of an employer required by federal law or regulation; or

(c) Applies to testing for controlled substances other than preemployment, such as postaccident testing or testing because of a suspicion of impairment or being under the influence of alcohol, controlled substances, medications, or other substances.

(a) A position requiring a federal government background investigation or security clearance;

(b) A position with a general authority Washington law enforcement agency as defined in RCW 10.93.020;

(d) A position as a first responder not included under (b) or (c) of this subsection, including a dispatcher position with a public or private 911 emergency communications system or a position responsible for the provision of emergency medical services;

(e) A position as a corrections officer with a jail, detention facility, or the department of corrections, including any position directly responsible for the custody, safety, and security of persons confined in those facilities;

(g) A position as a substance use disorder professional or trainee, or any position as a health care professional licensed or certified under Title 18 RCW where the person will be providing services directly to clients or patients receiving treatment for substance use disorder; or

(h) A safety sensitive position for which impairment while working presents a substantial risk of death. Such safety sensitive positions must be identified by the employer prior to the applicant's application for employment.

(4)(a) This section does not preempt state or federal laws requiring an applicant to be tested for controlled substances. This includes state or federal laws requiring applicants to be tested, or the way they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or as required by a federal contract.

(b) Employers may require an applicant to be tested for a spectrum of controlled substances, which may include cannabis, as long as the cannabis results are not provided to the employer. Such policies are fully subject to subsection (1) of this section.

(5) For the purposes of this section, "cannabis" has the meaning provided in RCW 69.50.101.