Drug testing - Arizona

Private-Sector Drug Testing and Alcohol Impairment Act

The Arizona Private-Sector Drug Testing and Alcohol Impairment Act provides legal protection for private sector employers who voluntarily establish a drug and alcohol policy and testing program under the Act. If an employer adopts a program under the Act, all officers, directors, and supervisors must be included.

Under the act, an employer cannot be sued for actions based on good faith that relate to the drug and alcohol policy. “Good faith" means reasonable reliance on fact without the intent to deceive or be deceived and without reckless or malicious disregard for the truth. A good faith belief may be based on any of the following:

• Observed conduct, behavior, or appearance.
• Information reported by a person believed to be reliable, including a report by a person who witnessed the use or possession of drugs or drug paraphernalia at work.
• Written, electronic, or verbal statements.
• Lawful video surveillance.
• Records of government agencies, law enforcement agencies, or courts.
• Results of a test for the use of alcohol or drugs.
• Other information reasonably believed to be reliable or accurate.

In addition, an employer is protected for actions taken to exclude an employee from performing a safety-sensitive position. This includes reassigning the employee to another position or placing the employee on paid or unpaid leave, based on the employer’s good faith belief that the employee is in engaged in the current use of any drug (whether legal, prescribed by a physician, or otherwise) if the drug could cause impairment or otherwise decrease or less the employee’s job performance or ability to perform job duties.

This belief may be based on drug or alcohol test results, warning labels or other printed materials that accompany instructions for use of the drug, statements by the employee, information from a physician, pharmacist, or reputable reference source.

"Safety-sensitive position" means any job designated as a safety-sensitive position or any job that includes tasks or duties that could affect the safety or health of the employee or others, including:

• Operating a motor vehicle, other vehicle, equipment, machinery, or power tools,
• Repairing, maintaining or monitoring the performance or operation of any equipment, machinery, or manufacturing process, the malfunction or disruption of which could result in injury or property damage,
• Performing duties on the residential or commercial premises of a customer, supplier, or vendor,
• Preparing or handling food or medicine, or
• Working in a regulated occupation.

All testing must be carried out within the terms of a written policy. At a minimum, the policy must include the following:

• A statement of the employer's policy respecting drug and alcohol use by employees.
• A description of those employees or prospective employees who are subject to testing.
• The circumstances under which testing may be required.
• The substances as to which testing may be required.
• A description of the testing methods and collection procedures to be used.
• The consequences of a refusal to participate in the testing.
• Any adverse personnel action that may be taken based on the testing procedure or results.
• The right of an employee, on request, to obtain the written test results.

• The right of an employee, on request, to explain in a confidential setting, a positive test result.

• A statement of the employer's policy regarding the confidentiality of the test results.

The policy must be distributed to every employee subject to testing. Distribution of the policy can be accomplished by including the policy in a company handbook or posting it online in a place accessible to employees.

An employer must cover the costs of an employee’s drug or alcohol test, including reasonable transportation costs if the required test is conducted at a location other than the employee’s normal work site. It may also pay the cost of a drug test for a prospective employee.

Unemployment compensation

Arizona law provides for denial of unemployment compensation benefits for refusal to take a test or for a positive test.

School district transportation employees

School district transportation employees must submit to testing in the event of an accident or if based on probable cause.  Refusal to test or a positive test are grounds for termination.

Taxi, livery, and limousine employees and lessees

Pre-employment and annual drug testing of employees and lessees must be conducted. Records of the drivers need to be available at all times for inspection by the Department of Weights and Measures.