A new House bill changes how employers select employees based on marijuana use.

HB 2740, sponsored by Rep. Shelley Kloba (D–Kirkland), sets forth new standards for drug testing during the hiring process. The bill makes it illegal for employers to refuse to hire a prospective employee if they test positive for marijuana. Exceptions to this rule include:

• Firefighters;
• Emergency medical technicians; and
• Positions that require an employee to operate a motor vehicle and must be screened prior to hiring due to state or federal law.

Additional exceptions to this rule include any employer who may lose federal benefits for not screening employees or is required to screen prospective employees under federal law. Provisions under an employment contract or collective bargaining agreement are also exempt.

Employees who fail a drug test required within the first 30-days of employment may, at their own expense, undergo another drug test. Employers are required to accept the results of the drug test paid for by the employee unless they fall under one of the exemptions listed above.

Employers are permitted to establish drug-free work policies if the employer is required to have a drug-free workplace to remain in compliance with a federal contract.

Dates to remember

HB 2740 is scheduled for a public hearing in the House Labor & Workplace Standards Committee at 3:30 pm on Tuesday, January 28.