Arizona Laws 23-493.09. Confidentiality of results; access to records
A. All communications received by an employer relevant to drug test or alcohol impairment test results and received through the employer’s testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer or employee under this article or except disclosure to:
Terms Used In Arizona Laws 23-493.09
- 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
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Drugs: means any substance considered unlawful under the schedules of the controlled substances section of the comprehensive drug abuse prevention and control act of 1970, as amended, (P. 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- 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
- Writing: includes printing. See Arizona Laws 1-215
1. The tested employee or prospective employee or any other person designated in writing by that employee or prospective employee.
2. Individuals designated by the employer to receive and evaluate test results or hear the explanation of the employee or prospective employee.
3. An arbitrator or mediator, or a court or governmental agency as authorized by state or federal law.
B. The tested employee has a right of access to the written test results that pertain to that individual, subject to the maintenance of confidentiality for other individuals.
C. Except as otherwise permitted by law, no sample taken for testing pursuant to this article shall be tested for any substance or condition except unlawful drugs or alcohol as defined in this article.