Arizona Drug Testing Laws and Regulations

State:	Arizona

Statute of Order:	Ariz. Rev. Stat. §23-493 et seq., §15-513, §28-414.01

Covered Employers:	All private employers, plus school districts and entities that furnish transportation to school districts.

Applicant Testing:	Testing authorized if applicant is informed in writing beforehand. Applicant's refusal to submit to test may be used as basis for not hiring. Testing required to certify school bus drivers.

Employee Testing:	Testing authorized, including random testing, for any job- related purpose consistent with business necessity. Written drug-testing policy must be distributed to all employees. Discipline or discharge authorized for employees who test positive or refuse to submit to test. School district transportation employees must submit to testing in the event of accident or if based on probable cause.

Conditions & Methods:	Confirming test in case of positive findings and methods of collection, storage, and transportation that preclude contamination of specimen, and confidentiality of test results.

Important Bulletpoints:	Prospective employees may also be subject to drug testing as per employers’ policy and only after being duly informed of the same. The practice of on-site testing is neither encouraged nor prohibited by Arizona law. Tests required by employer to current employees are considered work time for purposes of administering compensation and benefits. The employer shall pay for all actual costs for drug testing and alcohol impairment required of employees including reasonable transportation costs if tests are to be done in a facility external of the employees’ normal work site. Paying for the costs for drug testing of prospective employees is at the employer’s sole discretion. The employer has the authority to dispense any adverse disciplinary or rehabilitative employment action based on a positive test or on the employee’s refusal to undergo the required tests. Any employer who has established and adopted a policy that complies with the voluntary testing program of the State of Arizona is protected from litigation, subject to conditions of the law, unless the employer’s action was based on false positive results and the employer clearly ignores or willfully disregards the true test result.

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Arizona Drug Testing Laws and Regulations

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