Workplace Drug Testing Laws in Arizona
For private employers, there are no workplace drug testing laws in Arizona that either require or prohibit drug testing as a condition of employment or as part of an accident investigation. Employers in Arizona have the right to maintain a drug-free workplace and may also test if there is reasonable suspicion of drug use. However, they are required to provide written notice of their testing policy to every employee prior to testing.
Does Arizona allow random drug testing? Under Arizona drug testing laws, random drug testing is also allowed, so long as employees have a written copy of the company’s drug testing policy.
These workplace drug testing laws in Arizona, which leave the decision to test or not test up to the employer, do not apply to all workers. Those in safety-sensitive positions in aviation and transportation, and those working for NASA or the defense department are required to be drug tested.
Although most companies in the state can freely drug test their workers as they see fit, in accordance with workplace drug testing laws in Arizona, they may face legal liability if they violate federal laws, such as the Americans with Disabilities Act (ADA) or the Privacy Act of 1974. All Arizona employers should review both state and federal laws that govern employment drug testing, to ensure that they are in compliance.
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Arizona Drug Testing Compliance
Arizona Drug Testing Laws Without Restrictions
|Drug Test Issue
|Instant or POCT Testing
Although a certified laboratory is required for drug testing in Arizona, state law neither limits nor requires onsite drug and alcohol impairment testing.
Employers can use instant or POCT testing as long as all employees were given a copy of the workplace’s drug testing policy.
|Random drug testing is permitted as long as the employer provides all employees with the drug testing policy.
|Any bodily specimen may be tested, including hair, blood, urine, saliva, and breath.
An Arizona employer may screen for any substance (or metabolite of the substance) listed under the controlled substance section of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (P.L. 91-513; 84 Stat. 1247; 21 United States Code section 812).
|Testing for Alcohol
|Alcohol testing is permitted. A blood-alcohol limit of .08 or above is a positive alcohol test.
Conditional Arizona Drug Testing Laws
|Drug Test Issue
With recreational marijuana being legal in Arizona, employers cannot fire or refuse to hire an applicant based on a positive drug test alone.
There is nothing in the Smart and Safe Arizona Act (SSAA) inhibiting employers from drug testing for marijuana.
Employers have the option to maintain a drug-free workplace, not allowing marijuana on the premises or allowing employees to work while under the influence.
Employers who discipline or fire a worker based on a positive drug test must also have documented evidence that the worker was under the influence on the job.
Employers cannot fire someone with a medical marijuana card based on a positive drug test alone.
Employees are protected under the Arizona Medical Marijuana Act (AMMA).
An Arizona employer can discipline a worker for possessing marijuana or being under the influence of marijuana at work if the employer has evidence. Evidence includes speech impairment, negligence, decreased coordination, and the smell of marijuana.
Drug testing after an on-the-job accident or injury is permittable. However, a positive test in Arizona should be handled like every other claim since worker’s comp in Arizona is a “no-fault” system.
If someone has a positive drug test following an injury, the employee may still qualify for workers’ comp, but can also be disciplined or fired by the employer for the positive drug test.
Arizona Drug Testing Laws With Restrictions
|Drug Test Issue
|Arizona drug testing compliance laws require the use of certified labs for testing, including SAMHSA, Arizona Dept. of Health Services, or CAP.
Frequently Asked Questions
What Does the State of Arizona Drug Test?
Workplace drug testing laws in Arizona do not encourage nor limit drug testing. Arizona drug tests include any controlled substance (or the metabolite of the substance) listed under the Comprehensive Drug Abuse Prevention and Control Act of 1970.
Other Services We Provide in Arizona
If you’re looking for drug testing information related to a specific city in the state of Arizona, try taking a look at our Arizona clinic locations page. From there, you can select your city’s drug testing or DNA testing page to learn more.
We also offer Arizona Background Checks. For more information, visit our Arizona background check page.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.