The bill amends RCW 49.44.240 to allow employers to screen candidates for cannabis use when hiring for specific positions that involve providing services to individuals with substance use disorders. It establishes that it is unlawful for employers to discriminate against applicants based on their off-duty cannabis use or the presence of nonpsychoactive cannabis metabolites in drug tests. However, the bill clarifies that employers can still make hiring decisions based on valid drug screenings that do not test for these metabolites and maintains the employer's rights to enforce a drug-free workplace in compliance with federal laws.

Additionally, the bill specifies that the protections against discrimination do not apply to applicants for certain positions, including those requiring federal background checks, law enforcement roles, first responders, corrections officers, and positions in the airline or aerospace industries. Notably, it introduces new provisions that explicitly include positions as substance use disorder professionals or trainees, as well as health care professionals licensed under Title 18 RCW who provide direct services to clients receiving treatment for substance use disorders. The bill also emphasizes that safety-sensitive positions, where impairment could lead to significant risks, must be identified by the employer before the application process.

Statutes affected:
Original Bill: 49.44.240