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:

  • Urine
  • Blood
  • Breath
  • Saliva
  • Hair

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)