PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.
1) Summary
All types of testing with no restriction. All testing procedures with no specific requirements, however, employers may wish to take advantage of voluntary law.
2) Workers Compensation Voluntary Premium Reduction State
3) Employers Covered by Federal Drug Free Workplace Act
No
4) State Constitution Privacy Provision
Yes
5) Penalties and Remedies for Employer Non-Compliance
No
6) Significant Testing Restrictions
No
7) Disability Coverage
8) Drug and Alcohol Testing Restrictions
Only under the voluntary law
9) Worker’s Compensation Disqualification Laws
Yes
10) Unemployment Compensation Disqualification Laws
Yes
11) Alcohol Cut-off Levels
.04
12) Substances Allowed for Testing
(1)Amphetamines; (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opiates (6)Ecstasy or a metabolite of any of the above substances; and (7) Alcohol.
(1)Amphetamines; (2) Cannabinoids; (3) Cocaine; (4) Phencyclidine (PCP); (5) Opiates (6)Ecstasy or a metabolite of any of the above substances; and (7) Alcohol.
· Substances Cut-off Levels
HHS or CAP
13) Drug Specimen Types
Urine, blood, hair, saliva, breath or other bodily specimen
14) Types of Drug Testing and Restrictions
· Pre Employment
Permitted but not required under voluntary law
· Reasonable Cause
Permitted but not required under voluntary law
· Random
Permitted but not required under voluntary law
· Post Accident
Permitted but not required under voluntary law
· Follow-up Testing
Permitted but not required on voluntary law
15) Restrictions on Types of Workplace Drug Tests
If an employer conducts drug or alcohol testing of employees, all officers, directors and supervisors must be included in testing – under voluntary law
If an employer conducts drug or alcohol testing of employees, all officers, directors and supervisors must be included in testing – under voluntary law
16) Collection Procedures
· Generally
· Observed Collections
Not Specified
· Split
Not Specified
17) Drug Testing Falsification Law
No
18) Point-of-Collection Device
· Urine
· Oral Fluids
19) Safety-Sensitive Restriction
No
20) Laboratory Based Testing
· Laboratory Certifications
SAMHSA, CAP, orArizona
SAMHSA, CAP, or
· Oral Fluids
· Hair Testing
21) Notification of Test Results
Employees can request written copy
22) Rehabilitation Requirements
Permitted but not required under voluntary law
23) Retest Required
Not Specified
24) Wage Payment Requirements
Employer Responsibility
25) Disciplinary Action Restriction
26) State CDL DMV Reporting
27) State Medical Marijuana Laws
Yes
28) Union Agreements
29) Unique to State Issues
30) State Enforcement Agency
31) Web Resources
32) Significant Case Authority
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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."
PocketPart40 Editors:
Arizona Contributors:
PocketPart40 Editors:
Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP who is licensed to practice in Alabama and Georgia
teden@constangy.com or call 334-246-2901
teden@constangy.com or call 334-246-2901
Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions.
maryhines@gmail.com or 214-697-1249
maryhines@gmail.com or 214-697-1249
Arizona Contributors:
