If you work or are applying for a job in Arizona and your employer has asked you to take a drug test, you’ll want to know your legal rights. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn’t otherwise require – or prohibit drug tests. For the most part, this area is regulated by state and local laws.
Like many other states, Arizona has laws that allow drug testing in certain situations, as long as the employer follows the procedural rules.
Arizona employers may (but don’t have to) require applicants to take a drug test as a condition of employment. The employer must inform applicants if drug testing will be required. An employer may refuse to hire an employee who will not submit to a drug test.
Arizona employers are allowed, but not required, to drug test employees. Testing is allowed for any job-related purpose consistent with business necessity, including:
In addition, employers may conduct random drug testing.
An Arizona employer that conducts drug testing must adopt a drug testing policy and provide it to employees before testing. The policy must provide specified information about the testing program, including the consequences of testing positive or refusing to submit to testing.
Arizona law also specified the procedures the employer must use for gathering specimens, testing, and maintaining confidentiality. If an employee tests positive, that result must be confirmed by a second test using a different chemical process than the initial screen.
Have you been illegally asked or required to take a drug test? Even though Arizona law allows employers to drug test, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. Here are some examples: