Drug and alcohol testing are the responsibility of an employer. These tests ensure that workers are physically able to complete tasks in a professional and safe manner, creating safe workplaces for fellow employees and customers alike. The state of Arizona has several legal requirements that employers must follow during drug and alcohol testing to protect the rights of employees.

Procedural Violations

The most common legal claims that arise from workplace drug and alcohol tests are procedural violations of state law regarding these tests. Employers are required to provide employees with up-to-date information about drug and alcohol compliance and testing policies, as well as follow all laws and regulations regarding safety and privacy when conducing such tests.

Discrimination Claims

Employees may also make legal claims regarding drug and alcohol testing if they are taking medication for a disability or condition that falls under the Americans with Disabilities Act. Furthermore, employers may not single out groups of employees by age, gender, or race when conducting drug and alcohol testing.

Privacy and Defamation Claims

Drug and alcohol testing must respect the privacy of employees. Legal claims may be made when an employee’s privacy is violated, either during or after the test. Employers may not require employees to disrobe or provide certain types of samples in front of others, nor may they disclose the results of a confirmed positive or false positive test publicly or negligently.

As an employer, it’s essential to ensure your drug and alcohol testing program follows the procedures and regulations set forth by state law and protects the rights of your employees. Oschmann Employee Screening Services of Tucson can help you conduct on- and off-site drug and alcohol testing in compliance with all state laws. Please call us today at (520) 745-1029 or (800) 224-8532 to discuss your testing needs, or click through our website for more information about our services.

Mandatory drug testing of Arizona employees is highly controversial, as many believe it is an unnecessary expense that can result in unwarranted job loss. Others believe employee drug testing helps protect the work environment from drug-impaired workers. Regardless of your viewpoint on workplace drug testing, it’s important to ensure the entire process is ethical and safe for your workers.

Privacy

Many critics of workplace drug testing cite a worker’s right to privacy in their argument. Critics argue that if an employer asks an employee to submit to a drug test, which indicates the employee consumed the substance the previous night, this is not relevant to the work environment. The employee chose to consume drugs on his or her own time but is not under the influence of drugs while at work. Critics of employee drug testing argue that it’s an invasion of privacy for employers to inquire as to how an employee spends time away from work.

Fairness

Drug testing proponents argue that an employee’s behavior away from work does impact his or her work performance. As a result, proponents argue that impaired employees shouldn’t be paid the same wage as those who work to their full capacity. At the same time, mandatory drug testing does impact employee morale, as some employees view the process as authoritarian action.

Safety

Supporters of mandatory drug testing programs also cite concern for workplace safety. For example, a truck driver puts the lives of innocent people at risk if he or she drives while under the influence of drugs or alcohol. If the driver causes accidents or injuries while at work, the employer can be held liable for the damages. Mandatory drug testing helps alleviate this risk of liability.

Oschmann Employee Screening Services is a national provider of drug and alcohol testing programs and DOT compliance services. We have been a national leader in developing, managing and servicing Drug Free Workplace Programs since 1996. If you would like to learn more about Arizona drug testing for the workplace, you can reach us at (520) 745-1029 or (800) 224-8532.

Employee drug testing is a common practice to ensure employee safety and integrity. Many companies require drug testing as part of the hiring process, while a drug test may also be ordered at random or following a questionable incident. If your business employs any type of drug testing policy, it’s important to also have a policy in place to deal with an employee refusal to submit to drug testing.

State Law and Company Policy

The best way to handle employee drug testing is to draft a clear company policy regarding drug testing, how and when it will occur, and what will happen if employees refuse a test. In most cases, companies that do not have an existing policy for drug testing and refusals must default instead to state laws regarding drug test ordering and how to deal with employee refusals. However, it’s important to note that even if you do draft a company policy, it should not conflict with any state laws regarding employee rights to refusal of drug testing in a given situation.

Reasons for Drug Testing

In addition to establishing a company policy on drug and alcohol usage, it’s important to include a clear list of reasons for ordering a drug test in your company policy. If you choose to implement a random drug testing program, outline the percentage of employees that will be tested within a given time period. You should also list the behaviors that will prompt a reactionary drug test, such as recklessness, difficulty completing daily tasks, and changes in personality. Once you have made the reasons you might order a drug test clear, you can also make clear the repercussions of refusing such a test, which is often grounds for termination.

Are you looking to begin a drug testing program in your Arizona workplace? Please contact Oschmann Employee Screening Services today by calling (520) 745-1029 or (800) 224-8532 for the professional assistance you need for convenient and accurate drug and alcohol testing. You can also find out more about the benefits of a drug-free workplace when you visit us online.

According to local, state and federal laws, private employers can implement workplace drug-testing policies. In fact, federal agencies sometimes assist employers in implementing such policies to ensure a drug-free work environment. If an employer is interested in drug testing in Arizona, he or she should draft a written policy that educates employees on the requirements for maintaining employment with the organization.

Safety

For most employers, ensuring workplace safety is the major reason for implementing an employee drug-testing program. When an organization requires its employees to operate heavy machinery, work with consumers, or do manual labor, it needs to ensure the safety of everyone involved. By drug testing job candidates and random drug testing current employees, employers can help protect the general public’s safety. Employee drug testing also enhances consumer confidence that employees are working coherently.

Regulations

State and federal regulations actually require drug testing in certain work environments. For example, the United States Department of Transportation requires drug testing for employees working in transportation industries. Other work industries that may require drug testing include health care and education. However, each state is responsible for regulations in these industries. Even if drug testing isn’t required in a certain industry, some organizations administer drug testing to illustrate their integrity. Drug testing ensures the public that they can rely on their employee’s performance and professionalism.

Worker’s compensation

In some states, employers who comply with drug testing regulations can receive discounts and additional workers’ compensation benefits. Several health care insurance providers also grant group benefit discounts when employers have workplace drug testing policies. This can significantly reduce the overall cost of the benefit programs. Additionally, at least 30 states have laws making employees who violate workplace drug policies ineligible for unemployment compensation.

To learn more about workplace drug testing in Arizona, please contact Oschmann Employee Screening Services at (520) 745-1029 or (800) 224-8532. We are a national leader in developing, managing and servicing Drug Free Workplace Programs. Our goal is to minimize client risk through smart, streamlined business solutions.