No state mandatory drug-testing law. Voluntary "Arizona Private-Sector Workplace Drug-testing and Alcohol Impairment Act” provides legal protection (no cause of action may be brought for adverse employment actions taken in good faith based upon a positive drug or alcohol impairment test) to employers who have established an alcohol-testing or drug-testing program that meets the requirements of the Act.
An employee may be denied benefits if discharged for willful misconduct (failure to pass or refusal to take a drug or alcohol test pursuant to the Private-Sector Workplace Drug-testing and Alcohol Impairment Act; repeated intoxication, and any effects or aftereffects on job performance). Injury or death may not be compensable under the law when substantially caused by employee use of alcohol or unlawful use of drugs, except when employer had knowledge of or permitted or condoned this use, or if employee fails to pass, refuses to cooperate with, or refuses a drug or alcohol test AND the employer is in compliance with the voluntary act.
An employee may be entitled to benefits if he can prove that the use was not a contributing cause of the injury, BAC was lower than .10 percent, or the test used cut-off levels that were lower than the federal DOT levels. [Note: This law has been ruled unconstitutional in case law.]
Senate Secretaries’ Office
1700 West Washington
Arizona Stat 23-493 to -493.11 Employer Protection
Arizona Stat 23-619.01 Employee Misconduct
Arizona Stat 23-775 Disqualification From Benefits
Arizona Stat 41-770 State Employee Dismissal
Arizona Stat 23-1021 Employee Compensation
Arizona Stat 15-513 Testing School Transportation Employees
Arizona Stat 28-3228 Testing School Bus Drivers
Arizona Stat 27-351 Testing Hoist Operators