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Arizona Drug Testing Compliance

Arizona

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make Arizona drug test compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Arizona.

Arizona is a “Open” state, which means there are no state statutes, regulations or known court decisions that would limit your choices for implementing a drug or alcohol testing program or any aspect of it. Testing is your choice, but there may be federal rules to consider.

However, this state has passed a medical marijuana law which restricts employer action.

This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Arizona.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
Yes
Q3: Are there any state requirements for test methods?
A: No, but if testing is conducted it must be done among all employees, including management.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: There are no current limitations, although many employers follow the federal guidelines to test for Amphetamines, cocaine, marijuana, opiates, and PCP.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No
Q6: Is it required to use a Certified Laboratory?
A: SAMHSA, CAP or Arizona Dept. of Health Services
Q7: What types of specimens can we test for?
A: Urine, Blood, Hair, Saliva, or Breath.
Q8: Are there restrictions for Alcohol Testing?
A: The same qualifications apply as they do for drug testing.

Arizona Drug & Alcohol Testing Laws

An employer may not discriminate against registered cardholders in hiring, termination, or any term or condition of employment or otherwise penalized them for testing positive for marijuana or metabolites. The Smart and Safe Arizona Act (SSAA) does not require you to permit recreational use by your employees. Organizations are able to remove marijuana drugs from drug testing as long as it is documented in their drug abuse policy. It is advised to reach out to your counsel on what the steps are to be taken.

 

 

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Are there employer limitations if employee tests positive for marijuana while at work?

Correct!

 

 Answer is  “Yes”

A positive drug test alone is not proof of being under the influence. But, if an employer complies with the state drug testing laws, there is protection.

 

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Arizona Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Arizona personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: The use of marijuana for medical purposes has been authorized in Arizona, and discipline for a positive test for medical marijuana patients is limited. Employers may not discriminate based on status as a medical marijuana user in Arizona. A positive test alone is not proof of being under the influence. Code sec.36-2813(B)

Personal Use:  Adults 21 years old and older may use possess, or transfer use no more than six plants at a primary residence. Smoking in a public place is prohibited. Employers are still able to maintain a drug-free workplace and zero tolerance.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases at this time.

No known issues from court cases at this time.

N/A

N/A

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