Employee Polygraph Protection Act (EPPA) - Washington

Summary of differences between federal and state regulations

Polygraph protection

Polygraph protection provisions apply to employees and prospective employees in the private-sector and in state and local governments. Employers may not require employees or applicants to take any lie detector or similar tests as a condition of employment or continued employment.

A Washington employer may ask employees or applicants to take a polygraph test if:

• A person is applying for employment with a law enforcement agency.
• A person is applying for employment with the juvenile court services agency of any county.
• A person is or would be employed in a sensitive position directly involving national security.
• The employer is authorized to manufacture, distribute or dispense a controlled substance.

Polygraph examiners

Washington does not have state-level polygraph examiner requirements. Examiners must meet the federal requirements at 29 CFR 801.26.

State

Contact

Washington Department of Labor and Industries, Specialty Compliance Services Division

Regulations

Polygraph protection

Title 49, Chapter 49.44, Section 49.44.120 of the Revised Code of Washington

Polygraph examiners

None.

Federal

Contacts

U.S. Department of Labor, Wage and Hour Division

Regulations

29 CFR Part 801 §§801.1 – 801.75