2024 Drug Testing Laws: Updates in CA & WA

2024 Drug Testing Laws Updates in CA WA

The landscape of drug testing and legal regulations has undergone significant evolution, transitioning from the simplicity of past decades to today's complex array of over 500 bills introduced in a single year. This dynamic shift reflects ongoing legal developments, such as the DOT's final regulations on lab-based oral fluid testing and the progressive legalization of marijuana at the state level, which are reshaping options for employers. Understanding the impact of these changes on employer drug testing programs is paramount, with compliance serving as the ultimate legal safeguard against potential challenges. Employers must stay on top of the intricate web of mandatory and voluntary drug testing laws across states, industry-specific regulations, and the nuanced implications of medical and recreational cannabis legalization on workplace policies.

Bill Current's session at the Day with DISA 2024 conference offered a deep dive into the evolving landscape. As the president and founder of Current Consulting Group, Bill brought to light the intricate challenges, threats, and emerging tools within the industry. His presentation focused on the latest updates in state drug testing laws, highlighting significant developments in California and Washington that are reshaping employer approaches to workplace drug testing.

If you didn’t get the opportunity to attend the Day with DISA conference, or if you would like to review this presentation again, you can download or watch it using the link below.

>> Rewatch/Download this Presentation << 

6 Key Takeaways:

  • The Evolution of Drug Testing Laws: Over 500 bills related to drug testing were introduced in the last year alone, signaling a rapidly evolving legal landscape that employers must navigate with agility and informed strategy.
  • Impact of DOT Regulations: The DOT's approval of lab-based oral fluid testing, though yet to be fully operational, marks a significant shift in the methodologies available for employers, potentially offering more flexibility and accuracy in detecting recent drug use for DOT employees.
  • Legalization of Marijuana: With states like Minnesota and Ohio adopting recreational marijuana laws, employers face a patchwork of regulations that affect drug testing policies, especially concerning marijuana, requiring careful policy adjustments.
  • Oral Fluid in California: California’s recent bill AB2188 restricts employers from drug testing for THC with urine but may leave the door open to oral fluid in specific circumstances. Unfortunately, this will likely be challenged in court and until we have settled case law, it’s not certain if employers can use oral fluid testing for pre-employment drug tests.
  • Case Laws and Industry-Specific Regulations: Beyond statutory laws, case laws in states like California play a critical role in shaping employer drug testing practices, highlighting the importance of staying abreast of legal precedents and industry-specific mandates.
  • Federal versus State Dynamics: The interplay between federal regulations, such as those from the DOT, and state laws creates a complex compliance landscape for multi-state employers, necessitating customized policies that address the nuances of each jurisdiction.

About Day with DISA

Day with DISA was a landmark event in 2024, drawing over 4,000 attendees from the realms of HR and safety professions. Transitioning back to an in-person format, the conference added a "Keynotes and Networking" day to its robust schedule of virtual presentations. This event stands as a testament to DISA's commitment to providing access to critical industry insights, best practices, and networking opportunities, empowering attendees to enhance compliance, safety, and hiring practices within their organizations. Looking forward to next year, Day with DISA continues to be an essential conference for those involved in employee screening.

Related Articles:

Washington State Passes Bill Limiting Pre-Employment Testing for Cannabis

DOT Approves Oral Fluid Testing for Covered Employees

Cannabis and Workplace Drug Testing - Common Misconceptions

About DISA

Founded in 1986, DISA is the industry-leading provider of employee screening and compliance services. With a network spanning over 35 offices across North America and Europe, DISA offers a comprehensive suite of services, including background checks, drug and alcohol testing, occupational health, and transportation compliance. DISA's mission is to assist employers in making informed staffing decisions while fostering a culture of safety in the workplace.

DISA Global Solutions aims to provide accurate and informative content for educational purposes only and does not constitute legal advice. The reader retains full responsibility for the use of the information contained herein. Always consult with a professional or legal expert.