Arizona Laws 23-493.05. Disciplinary procedures
An employer may take adverse employment action based on a positive drug test or alcohol impairment test. On receipt of a positive drug test or alcohol impairment test result that indicates a violation of the employer’s written policy, on the refusal of an employee or prospective employee to provide a drug testing sample or on the refusal of an employee to provide an alcohol impairment testing sample, an employer may use that test result or test refusal as a basis for disciplinary or rehabilitative actions that may include any of the following:
Terms Used In Arizona Laws 23-493.05
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Alcohol: means ethanol, isopropanol or methanol. See Arizona Laws 23-493
- Employee: means any person in the service of an employer. See Arizona Laws 23-493
- Employer: means this state, a political subdivision of this state or any person, firm, company, corporation, labor organization, employment agency or joint labor-management committee, including any public utility, transit district or special taxing district organized pursuant to Title 48, Chapter 17 or 22, that has one or more full-time employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Arizona Laws 23-493
- Impairment: means symptoms that a prospective employee or employee while working may be under the influence of drugs or alcohol that may decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, walking, standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance, clothing, odor, irrational or unusual behavior, negligence or carelessness in operating equipment, machinery or production or manufacturing processes, disregard for the safety of the employee or others, involvement in an accident that results in serious damage to equipment, machinery or property, disruption of a production or manufacturing process, any injury to the employee or others or other symptoms causing a reasonable suspicion of the use of drugs or alcohol. See Arizona Laws 23-493
- Prospective employee: means any person who has made application to any employer, whether written or oral, to become an employee. See Arizona Laws 23-493
- Sample: means urine, blood, breath, saliva, hair or other substances from the person being tested. See Arizona Laws 23-493
1. A requirement that the employee enroll in an employer provided or employer approved rehabilitation, treatment or counseling program, which may include additional drug testing and alcohol impairment testing, participation in which may be a condition of continued employment and the costs of which may or may not be covered by the employer’s health plan or policies.
2. Suspension of the employee, with or without pay, for a designated period of time.
3. Termination of employment.
4. In the case of drug testing, refusal to hire a prospective employee.
5. Other adverse employment action.