State of California and Washington Updates

State of California and Washington Restrict Urine testing for non psycho active metabolites.

We appreciate the confidence and trust you place in Workplace Screening Intelligence for your employment screening needs and to keep you in compliance with State and Federal Laws.

We are writing to you today to make you aware of two new laws that will affect drug testing in both the State of California (California AB 2188) and the State of Washington (Washington SB 5123).  Both laws take effect January 1, 2024.  You only need to continue to read if you test NONDOT employees in Washington State or the State of California.  Below are links to both bills:

Please be aware that this does not affect DOT Employees or CA PUC Employees.  Both are exempt from these testing laws.

Both laws restrict some or all drug screening utilizing Non-Psychoactive Cannabis metabolite testing.  Urine screening does utilize Non-Psychoactive Cannabis metabolite testing.  We do have available oral fluids which screen for the Parent Drug and not the Non-Psychoactive Cannabis metabolite testing.  Oral Fluid screeningwill keep you in compliance with both laws.

In the State of Washington, only pre-employment drug screening is affected by the new law.  In essence, when screening your NONDOT employees you will have to utilize oral fluids for your employee pre-employment screening.

Who is exempt from the Washington Law?

DOT Employees

Employers who have Federal Contracts and employees need a Federal Background Check or Security Clearance.

Law Enforcement and Fire Fighters

Other First Responders

Correction Officers

Airline or Aerospace Industries

Any Safety Sensitive Position for which impairment could present a substantial risk of death.

In the State of California, you will need to utilize Oral Fluids for all testing.

Who is exempt from the California Law:

DOT and CA PUC Employees

Construction employees and the building trades are also exempt from this new testing law in California.

Those that need a federal background investigation or security clearance.

Again, please be aware that this does not affect DOT Employees or CA PUC Employees.  Both are exempt from these testing laws.

What do you need to do to remain compliant with these two new laws?

If you perform NONDOT and NON-CA PUC testing in the State of California or State of Washington that are not exempt as described above, you need to contact Workplace Screening Intelligence ASAP to have oral fluids added to your account for pre-employment drug screening in the State of Washington and all testing other than DOT or CA PUC in the State of California.  You can contact WSI Support Team at 844-573-8378 or

Can you test all non-dot employees in Washington with Oral Fluids.  Yes, you can.

If you have NONDOT testing in these two states, you need to amend your policy to allow oral fluid testing.

If you have any questions, please don’t hesitate to contact us at 844-573-8378 or


Your Support Team

Workplace Screening Intelligence