Washington State Limits Searches of Employees’ Vehicles

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Patricia Tsipras

August 15, 2023

Effective July 23, 2023, neither employers nor their agents in Washington State may search the privately owned vehicles of their employees.  This prohibition exists even when the vehicles are located on the employer’s parking lots, in the employer’s parking garages, or are on the access roads to such lots or garages.  Limited exceptions apply.

So what are the exceptions?
The new law does not apply:

• if the employer owns or leases the vehicle
• when the employer permits the employee to use the employee’s personal vehicle for work, and the employer deems it necessary to inspect the vehicle to ensure it is suitable for work-related activities
• when a reasonable person would believe that a search is necessary to prevent an immediate threat to human health, life, or safety
• when an employee consents immediately prior to a search, and has an opportunity to select a witness to be present, based on probable cause that the employee unlawfully possesses employer property or a controlled substance in violation of both federal law and the employer’s written policy prohibiting drug use

Furthermore, the new law does not apply to lawful searches by law enforcement officers, security inspections on state and federal military installations and facilities, vehicles located on the premises of state correctional institutions, and to specific areas subject to searches under state or federal law.

No waiver or adverse action
Employers cannot ask employees – as a condition of employment – to waive the protections of this new law.  Nor can employers take adverse action (e.g., terminating employment, reducing pay, altering preexisting work schedule) against employees for exercising their rights under the law.

Employer takeaways
Employers should review their employee handbooks to ensure their search policies are in line with the new law, including search policies relating to controlled substances.  They also should train their managers, Human Resources professionals, and security teams on the law’s prohibitions.  Lastly, employers should review the law and consult with legal counsel before conducting a search of any employee vehicle.

*Special thanks to Brooke Palma, our Office Administrator, for her contributions to this article.

The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Washington, Pennsylvania, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.