Arizona Drug Laws
We are going to explore two aspects of Arizona drug laws and the information necessary to learn how to pass a drug test in Arizona.
Learning The Basics Of Arizona Drug Laws.
First, we are not attorneys and can not provide specific advice on the Arizona Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Arizona drug laws.
Second, for those of you who are concerned with those Arizona Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Arizona.
There Are Four Major Drug Tests Given In Arizona.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Arizona.
Arizona Rules for Job Applicants.
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.
Rules for Arizona Employees.
Arizona employers are allowed, but not required, to drug test employees. Testing is allowed for any job-related purpose consistent with business necessity, including:
- to maintain productivity, safety, quality, or security
- as part of an accident investigation or an investigation of possible employee impairment, or
- on reasonable suspicion of drug use.
In addition, employers may conduct random drug testing.
Notice and Procedural Rights for Employees.
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.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Arizona? Even though Arizona Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Arizona Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Arizona employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Arizona Drug Laws.
|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.|
|Testing Bullet Points:||
The Arizona Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Arizona Are For Breaking Arizona Drug Laws For Marijuana, Not Federal Or Local Laws.
Arizona drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Arizona behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Arizona using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Arizona is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Arizona Drug Test Laws.
- It Isn’t Mandatory – The employer is under no duress or compulsion to get his/her employer tested. If the employer chooses to seek protection under the state law then testing should be conducted as per the state law, otherwise the common law applies.
- The Requirements – The employers must have a written drug testing policy. The policy should then be distributed in a written format so that it can be forwarded through the means of booklets, manuals or posted material. The applicants should also be made aware of the policy requirements.
- Contents Of The Policy – A general statement of the employers policy regarding drug/alcohol abuseThe Need For A Notice – A 30 day notice is required before the start of a testing process. This in turn needs to be distributed by the employer. The copy then needs to be dispatched to the employees. The employee is also supposed to get the personal practices included.
- The applicants consent to the testing procedures.
- A brief description of the types of tests.
- List of the substances to be tested.
- Test methods and the collection procedures.
- The consequences of refusal.
- The action based on the test results.
- Updating the employees about the law through statement.
- Statement of confidentiality.
- The result of refusing a test.
- The Cost – The employer is supposed to pay the entire cost of the test. The only exemption is in the case of a retest and the treatment charge. The employer must also try and bear the transportation charges for ferrying the employees from their home to the test center. This is applicable when the testing site is different from the business site.
- The Consequences – There are no limitations on disciplines. The employees must confirm all initial screen results at a certified or approved lab. In the case of a violation, the benefits under state workers compensation and employment laws may be affected.
- Who Is Involved – The procedure applies to all employees. The applicant test and the drug test are also covered in the employer policy. It also includes compensated employees regardless of the fact that they are officers, directors and supervisors.
- What Is Included – All drugs which are considered harmful are to be included in the policy.
- Where Are The Tests Conducted – The tests need to be carried out through the means of a trained medical practitioner. On site testing is also permitted and the tests need to be carried out through various SAMHSA/CAP/AACC labs.
- Voluntary Law Tests
- For the applicants to avail the benefit of this law, they are required to undergo detailed tests. Likewise, the testing needs to be based on reasonable classification. In case of a lapse, the policy would be considered null or void.
- Suspicion arising through employee impairment needs to be carried out with immediate effect. The investigation, in turn, needs to be instigated by the employer.
- Accidental insurance is applicable in the case when the employee is directly involved in an accident or has some sort of contribution towards the act.
- Tests can be conducted on a random basis. Therefore individuals or groups are not bound by time to appear for certain tests.