Arizona employment drug testing law states that an employer can conduct drug tests as long as a drug-testing policy has been created and provided to employees and prospective employees. This policy must follow the terms laid out in § 23-493.04 and testing procedures shall be performed according to § 23-493.03. An employee or job applicant has the right to request written test results and, if the results are positive, they have the right to explain or combat this result in a confidential setting.
Can Current Employees be Tested? Yes, employers have the right to test employees under the following circumstances:
- possible employee impairment
- employee contributes to a workplace accident
- maintaining the safety of employees, customers, clients
- maintaining productivity and quality of product/services/security
- suspicion of an employee affected by drug/alcohol use
- random drug tests are permitted at the employer’s behest
Is Certified Testing Required? Yes.
What can be Tested? Urine, blood, hair, saliva, breath or other body specimens.
Laws – § 23.493.(01-12)
How to Conduct a Legal Drug Test
Step 1 – Employees or job applicants who have been selected for a drug test must sign a Drug Test Release Form and submit it to their (prospective) employer. An employer may choose to test one of the following samples collected from an employee or job applicant:
Step 2 – Under the testing procedure terms written in the Alabama Statutes, any collected samples must be tested for drugs/alcohol in a laboratory. This lab must be certified by SAMHSA (Substance Abuse and Mental Health Services Administration) or CAP (College of American Pathologists). A list of all certified labs can be found on the SAMHSA website.
Step 3 – The results of a drug test can be requested by the employee. If the result is positive, an employer may take action in the following ways:
- Required rehabilitation, treatment or counseling programs
- Suspension, with or without pay, for a designated period of time
- Termination of employment
- Refusal to hire an individual (job applicant drug testing)