Request for Question Clarification by
tutuzdad-ga
on
23 Sep 2005 07:45 PDT
Dear superdave1-ga:
I know you are expecting and YES or NO answer but the truth is that
each situation has owns own known and unknown facts. Let me show you
some excerpts on matters similar to yours and you decide if we've
helped you find the answers you are after:
?Arizona adopted its workplace drug and alcohol testing laws in 1994
and is codified at Ariz. Rev. Stat. Ann. §§ 23-493 et seq. Arizona law
requires employers to adopt a written policy distributed to every
employee subject to testing or made available to those employees as a
personnel handbook or manual. The written policy must contain a
statement of the employer?s policy with respect to drug and alcohol
use and it must inform the employees of who is subject to testing,
what substances may be tested and the methods and procedures that will
be used. The employer must also inform the employees of the
consequences of an employee?s refusal to provide a test sample and the
disciplinary action that may be taken. Last, the written policy must
inform the employees that they have the right to obtain a copy of the
test results and that the employee may explain a positive confirmed
test result.
The policy behind Arizona?s employee testing laws are to encourage
such tests because employers are permitted to test for "any
job-related purposes consistent with business necessity" such as the
investigation of possible employee impairment, the investigation of
workplace accidents, or the maintenance of safety for employees,
customers, clients or the public at large. In addition, employers may
test their employees if the employer has a reasonable suspicion that
the employee may be affected by the use of drugs or alcoh8l and that
use may adversely affect the employee?s job performance.
Arizona law also allows employees to be randomly tested for drugs or
alcohol, as long as all compensated employees, including officers,
directors and supervisors are uniformly included in the random testing
program.?
SPECTRUM LABORATORIES
http://www.urine5.com/laws/arizona.html?PHPSESSID=76e49e38c961e5ba2cd8e6a12c94e846
Furthermore, testing procedures are specifically addressed in Arizona
Revised Statutes 23-
?A. Testing or retesting for the presence of drugs or alcohol by an
employer shall be carried out within the terms of a written policy
that has been distributed to every employee subject to testing or that
has been made available to employees in the same manner as the
employer informs its employees of other personnel practices, including
inclusion in a personnel handbook or manual or posting in a place
accessible to employees. The employer shall inform prospective
employees that they must undergo drug testing. The written policy
shall include at least the following:
1. A statement of the employer's policy respecting drug and alcohol
use by employees.
2. A description of those employees or prospective employees who are
subject to testing.
3. The circumstances under which testing may be required.
4. The substances as to which testing may be required.
5. A description of the testing methods and collection procedures to be used.
6. The consequences of a refusal to participate in the testing.
7. Any adverse personnel action that may be taken based on the testing
procedure or results.
8. The right of an employee, on request, to obtain the written test results.
9. The right of an employee, on request, to explain in a confidential
setting, a positive test result.
10. A statement of the employer's policy regarding the confidentiality
of the test results.
B. Within the terms of the written policy, an employer may require the
collection and testing of samples for any job-related purposes
consistent with business necessity including:
1. Investigation of possible individual employee impairment.
2. Investigation of accidents in the workplace. Employees may be
required to undergo drug testing or alcohol impairment testing for
accidents if the test is taken as soon as practicable after an
accident and the test is administered to employees who the employer
reasonably believes may have contributed to the accident.
3. Maintenance of safety for employees, customers, clients or the public at large.
4. Maintenance of productivity, quality of products or services or
security of property or information.
5. Reasonable suspicion that an employee may be affected by the use of
drugs or alcohol and that the use may adversely affect the job
performance or the work environment.
C. In addition to the provisions of subsection B, employees or groups
of employees may be required to undergo drug testing on a random or
chance basis.
D. If an employer institutes a policy of drug testing or alcohol
impairment testing under this article, all compensated employees
including officers, directors and supervisors shall be uniformly
included in the testing policy.
E. Nothing in this article shall be construed to encourage,
discourage, restrict, limit, prohibit or require on-site drug testing
or alcohol impairment testing.?
493.04. Testing policy requirements
http://www.azleg.state.az.us/ars/23/00493-04.htm
If this is not the case at your workplace you may very well be within
your rights to decline to be tested. In fact, if punitive actions are
taken against you and you can prove that your employer did not act in
?good faith? you may have grounds for a civil suit.
GOOD FAITH is defined by Arizona Revised Statutes as:
??reasonable reliance on fact, or that which is held out to be
factual, without the intent to deceive or be deceived and without
reckless or malicious disregard for the truth.?
Arizona Revised Statutes 23-493. Definitions
http://www.azleg.state.az.us/ars/23/00493.htm
You will find these pertinent statutes interesting:
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=23
(Scroll down to Chapter 23 Article 14)
If, by accepting an anonymous report as fact, your employer exhibited
a ?reckless or malicious disregard for the truth?, you may be able to
form a basis for civil action. It might not negate your refusal to
submit to the test but it might be an issue relative to your rights to
the unfair or illegal termination. An attorney would have to advise
you further on this matter.
We cannot provide legal advice in this forum and we cannot speculate
about your particular situation. Having said that please let me know
if this answers your question as well as possible under those
circumstances.
Regards;
Tutuzdad-ga
