Workplace Drug Testing Issues – Arizona State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Arizona’s drug and alcohol testing law offers legal protections against lawsuits for compliant employers, non-compliant employers generally face no testing restrictions. All test specimens and circumstances are generally permitted. Pay careful attention to case law that pertains to medical cannabis and workplace drug testing.
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | Potentially Prohibited | Law specifically requires testing take place in a laboratory; however, it also specifically states that nothing in the law is meant to discourage onsite testing; Quest Diagnostics and LabCorp both perform instant testing at their facilities. |
| Drug Panels | No Restrictions | |
| Laboratory | Certification Required | SAMHSA, CAP or Arizona Dept. of Health Services Certification |
| Medical Review Officer | Not Required | Highly recommended |
| Random Testing | No Restrictions | |
| Post-Accident | No Restrictions | |
| Reasonable Suspicion | No Restrictions | Recommend supervisor training |
| Oral Fluids | No Restrictions | |
| Hair Testing | No Restrictions | |
| Unemployment Denial | Yes | |
| Workers Comp Discount | No | |
| Intoxication Defense | No | Arizona is one of few states that does not provide for a denial of work comp benefits after positive post-accident test. |
| Medical Marijuana | Yes | The law does not authorize patients to use, possess, or be impaired by marijuana while at work, on the employer's premises or during the hours of employment. |
| Recreational Marijuana | No | |
| Report Driver DOT Positives | No | |
| General Statute | -- | Arizona has a voluntary drug testing law, see link below. |
Arizona voluntary drug testing law
A written policy is required for workplace testing in Arizona. Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy that has been distributed to every employee subject to testing or that has been made available to employees in the same manner as the employer informs its employees of other personnel practices, including inclusion in a personnel handbook or manual or posting in a place accessible to employees. The employer shall inform prospective employees that they must undergo drug testing.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
Arizona State Law
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
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