Arizona law allows employers to test for alcohol or drug impairment and regulates the procedures that employers must follow (AZ Rev. Stat. Sec. 23-493et seq.). This is a voluntary law that, if followed, limits employer liability with regard to actions alleging defamation or wrongful termination when the employer has acted in good faith based on test results. If an employer implements a drug and alcohol testing policy, all compensated employees must be uniformly included in the policy. The law applies to all private employers, to the state Department of Public Safety, and to the Department of Corrections.
Before beginning a testing program, a written policy statement must be distributed to each employee that includes:
• A statement of the employer’s policy concerning drug and alcohol use by employees
• A description of those employees or applicants subject to testing
• Circumstances under which testing may be required and the substances for which the employer tests
• Adverse employment actions that can be taken if an individual refuses to be tested or tests positive
• A description of testing methods and collection procedures
• The employee’s right to explain a positive test result
• A statement of the employer’s policy regarding confidentiality of the test results
A copy of this statement must be posted in the workplace or included in the employee handbook.
Applicants. An employer may require job applicants to submit to a drug test and may refuse to hire applicants who decline to be tested or who test positive. The employer must inform applicants that they must undergo drug testing.
Employees. An employer can require employee testing for “any job-related purpose consistent with business necessity,” including: