How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 38910
Experience:  Retired (mostly)
Type Your Business Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

We are in Arizona. We may consider to random drug tests to

This answer was rated:

We are in Arizona. We may consider to random drug tests to all employees. Is there any legal problem? Any procedures to follow?


Ariz. Rev. Stat. 23-493.05 provides that an employer drug test must be carried out via an express written policy distributed in advance to any affected employees. The statutory requirements are somewhat lengthy, so here is a link to a formatted version for your review.

Please let me know if you need any clarification about the statutory requirements.

Customer: replied 4 years ago.

This apples for both current employees and prospective employees (potential new hires). is it right?

The Statute applies to all prospective and current employees. The specific statute that I provided contains the requirements of notice. There actually an entire Article of Arizona law concerning the issue. I will provide you links to all of the relevant section below:

23-493 Definitions
23-493.01 Collection of samples
23-493.02 Scheduling of tests
23-493.03 Testing procedures
23-493.04 Testing policy requirements
23-493.05 Disciplinary procedures
23-493.06 Employer protection from litigation
23-493.07 Causes of action based on test results
23-493.08 Limits to causes of action
23-493.09 Confidentiality of results; access to records
23-493.10 Construction; collective bargaining
23-493.11 Effect of mandatory testing obligations
23-493.12 Severability

Hope this helps.
socrateaser and other Business Law Specialists are ready to help you

Hello again,

I see that you rated my service as "OK." Experience tells me that customers who rate at this level are generally not entirely satisfied with the service received. If you require further clarification or assistance with this question, please let me know and I will try to help.

Best wishes.

Customer: replied 4 years ago.

I hope that I could get answer in plain language. So that I know what I should do to avoid any legal problem. I don't want to ready statute.

Hello again,

I understand your concern, and I agree that it is painfully annoying to have to review the actual law.

However, if I simply provide you with basic discussion of Arizona law on this issue, you would not be fully informed, and you could still make an error which would create liability for your organization. Consequently, I believe that it is absolutely necessary that you review the entire law, so that you can be fully informed.

That said, I have made a diligent search of the internet, looking for something that you could use as a guide. And, while I haven't found anything that I believe is legally sufficient, I have found the drug test policy which is used by Honeywell Corporation. Given that Honeywell is a huge multinational organization, I believe that this policy statement is probably as good as you could get from any law firm on the subject, since Honeywell undoubtedly had numerous in-house attorneys work on this policy statement, before it was issued to employees. The policy expressly states that it is applicable to Arizona.

Here is the link.

Let me know if this is helpful, or if you need more information. Thanks again!