Texas State Drug Testing Laws
Workplace drug testing issues – State Laws – Texas
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in Texas
| Drug Testing Issue |
Status |
Comments |
| Instant or POCT Testing |
No Restrictions |
|
| Drug Panels |
No Restrictions |
|
| Laboratory |
No Restrictions |
|
| Medical Review Officer (MRO) |
No Restrictions |
The use of MRO is highly recommended to avoid liability in your drug testing program. |
| Random Testing |
No Restrictions |
|
| Post-Accident |
No Restrictions |
Follow a 'reasonable basis for requiring a post-accident drug test. |
| Oral Fluid Testing |
No Restrictions |
|
| Hair Testing |
No Restrictions |
|
| Unemployment Denial |
Yes, address in company policy. |
An individual is disqualified for benefits if discharged for misconduct connected with the individual's last work. State in your drug-free workplace policy that a refusal to test or a positive test is misconduct. Terminate employment for misconduct. |
| Workers Comp Discount |
No |
|
| Intoxication Defense |
Yes, available |
An insurance carrier is not liable for compensation if the injury occurred while the employee was in a state of intoxication. |
| Medical Marijuana |
Yes |
The Texas Compassionate Use Act (Senate Bill 339) - low-THC cannabis. Texas Occupations Code §169.001 specifically prohibits ingesting low-THC by smoking. |
| Recreational Marijuana |
No |
|
| Report Driver DOT Positives |
Yes |
An employer covered under the USDOT regulations must report the following to the Texas Department of Transportation: a valid positive test result, a refusal to provide a specimen, or an adulterated specimen or substituted specimen. |
| General Statute |
|
None, None, there is a law regarding cheating on a drug test - Texas Health & Safety 481.133 |
Medical Marijuana - Texas Compassionate Use Act (Senate Bill 339) - Texas Occupations Code §169.001
Intoxication Defense - Texas Labor Code 406.032(1)(A).
Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication against a compensation claim. State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and attorney when you have a positive post-accident test after an injury.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State
and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design
of your actual substance abuse testing program and with any questions that follow.
View Individual State Law Summaries
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