State: Arizona
Statute of Order: Ariz. Rev. Stat. §23-493 et seq., §15-513, §28-414.01
Covered Employers: All private employers, plus school districts and entities that furnish transportation to school districts.
Applicant Testing: Testing authorized if applicant is informed in writing beforehand. Applicant's refusal to submit to test may be used as basis for not hiring. Testing required to certify school bus drivers.
Employee Testing: Testing authorized, including random testing, for any job- related purpose consistent with business necessity. Written drug-testing policy must be distributed to all employees. Discipline or discharge authorized for employees who test positive or refuse to submit to test. School district transportation employees must submit to testing in the event of accident or if based on probable cause.
Conditions & Methods: Confirming test in case of positive findings and methods of collection, storage, and transportation that preclude contamination of specimen, and confidentiality of test results.
Pass Drug Testing Bulletpoints:
  • Prospective employees may also be subject to drug testing as per employers’ policy and only after being duly informed of the same.
  • The practice of on-site testing is neither encouraged nor prohibited by Arizona law.
  • Tests required by employer to current employees are considered work time for purposes of administering compensation and benefits.
  • The employer shall pay for all actual costs for drug testing and alcohol impairment required of employees including reasonable transportation costs if tests are to be done in a facility external of the employees’ normal work site.
  • Paying for the costs for drug testing of prospective employees is at the employer’s sole discretion.
  • The employer has the authority to dispense any adverse disciplinary or rehabilitative employment action based on a positive test or on the employee’s refusal to undergo the required tests.
  • Any employer who has established and adopted a policy that complies with the voluntary testing program of the State of Arizona is protected from litigation, subject to conditions of the law, unless the employer’s action was based on false positive results and the employer clearly ignores or willfully disregards the true test result.
  • 10 Things to Know To Pass A Drug Test In Arizona.

    1) It Isn’t Mandatory

    The employer is under no duress or compulsion to get his/her employer tested. If the employer chooses to seek protection under the state law then testing should be conducted as per the state law, otherwise the common law applies.

    2) The Requirements

    The employers must have a written drug testing policy. The policy should then be distributed in a written format so that it can be forwarded through the means of booklets, manuals or posted material. The applicants should also be made aware of the policy requirements.

    3) Contents Of The Policy

    A general statement of the employers policy regarding drug/alcohol abuse

    • The applicants consent to the testing procedures

    • A brief description of the types of tests

    • List of the substances to be tested

    • Test methods and the collection procedures

    • The consequences of refusal

    • The action based on the test results

    • Updating the employees about the law through statement

    • Statement of confidentiality

    • The result of refusing a test

    4) The Need For A Notice

    A 30 day notice is required before the start of a testing process. This in turn needs to be distributed by the employer. The copy then needs to be dispatched to the employees. The employee is also supposed to get the personal practices included.

    5) The Cost

    The employer is supposed to pay the entire cost of the test. The only exemption is in the case of a retest and the treatment charge. The employer must also try and bear the transportation charges for ferrying the employees from their home to the test center. This is applicable when the testing site is different from the business site.

    6) The Consequences

    There are no limitations on disciplines. The employees must confirm all initial screen results at a certified or approved lab. In the case of a violation, the benefits under state workers compensation and employment laws may be affected.

    7) Who Is Involved

    The procedure applies to all employees. The applicant test and the drug test are also covered in the employer policy. It also includes compensated employees regardless of the fact that they are officers, directors and supervisors.

    8) What Is Included

    All drugs which are considered harmful are to be included in the policy.

    9) Where Are The Tests Conducted

    The tests need to be carried out through the means of a trained medical practitioner. On site testing is also permitted and the tests need to be carried out through various SAMHSA/CAP/AACC labs.

    10) Voluntary Law Tests

    • For the applicants to avail the benefit of this law, they are required to undergo detailed tests. Likewise, the testing needs to be based on reasonable classification. In case of a lapse, the policy would be considered null or void.

    • Suspicion arising through employee impairment needs to be carried out with immediate effect. The investigation, in turn, needs to be instigated by the employer.

    • Accidental insurance is applicable in the case when the employee is directly involved in an accident or has some sort of contribution towards the act.

    • Tests can be conducted on a random basis. Therefore individuals or groups are not bound by time to appear for certain tests.

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