Arizona Memo to All Employees Regarding Drug Testing

State:
Multi-State
Control #:
US-AHI-281
Format:
Word; 
Rich Text
Instant download

Description

This AHI memo is to all employees regarding the company's drug testing policy.

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FAQ

Drug and alcohol testing in the workplace is not enforceable by law, and an employee cannot be forced to provide a sample of urine, salvia, hair or blood.

The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.

ASU strives to maintain a drug-free workplace for its employees. Upon employment, all classified and service professional employees are required to sign a Conditions of Employment form that notifies employees of the prohibited use of controlled substances on ASU's campuses.

Yes. Section 1904.35(b)(1)(iv) prohibits an employer from taking adverse action against employees simply because they report work-related injuries. Rather, employers must have a legitimate business reason for requiring a drug test, such as a reasonable belief that drug use contributed to the injury.

Arizona employers are allowed, but not required, to drug test employees. Testing is allowed for any job-related purpose consistent with business necessity, including: to maintain productivity, safety, quality, or security.

Indiscriminate testing of employees for drug use is an intrusive and degrading process that undermines our most deeply held tenets of fairness and privacy in the workplace. It should not be surprising, then, that a recent study concluded that workplace drug testing lowers productivity.

The most common consequence that a worker can face if they refuse to take a mandatory drug test is that they will be terminated from their job. Alternatively, if they are a prospective candidate for a job, then they will most likely not receive a job offer.

You have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers.

Under the new rule, post-accident drug-testing is okay only if there is an objectively reasonable basis. According to OSHA, this can include situations where employee drug use is likely to have contributed to the incident, and/or when the drug test can accurately identify impairment caused by drug use.

Most employers in Arizona are prohibited from discriminating against any employee who has a valid AZ medical marijuana card. That means you cannot be fired for your patient status, even if you fail a drug test.

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Arizona Memo to All Employees Regarding Drug Testing