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Arizona Pre-Employment Drug Testing Laws 2022: Everything We Know

Arizona Pre-Employment Drug Testing Laws 2022: Everything We Know

• Uritox

Arizona law prevents employers from hiring or continuing to employ a job applicant if the employer has a reasonable belief that the job applicant is currently engaging in the use, possession, purchase, sale, or transportation of a controlled substance.

An Arizona employer can conduct a pre-employment drug test only if they have a drug testing policy. The employer should let the candidates know the policy guidelines and the consequences of failing or refusing the drug test. 

Table Of Contents:

CPS/Child Protective Services Drug Testing Laws In Arizona

To address the increasing problem of substance abuse amongst children, a statewide initiative to educate the public better and enhance the state's programs and services regarding children, youth, and families involved with CPS has been developed in Arizona. 

A team of medical, mental health, and substance abuse experts have formed a working group to review the status of children and youth needing services in Arizona. The working group is developing recommendations to state agencies, the legislature, and local communities for actions that each can take to address substance abuse by or with children and youth in CPS care. 

Additionally, the program has laid guidelines for medical professionals throughout the state. The program called for more precise direction to CPS investigators, Case managers, Law Enforcement officials, Mandatory professional reporters, and the community regarding the role of Child Protective Services. 

Arizona law and CPS policy make it clear that the primary purpose of CPS is:

  • Protecting children and their families from child abuse and neglect.
  • Preventing the breakup of families by establishing a system of open communication and responsibility.
  • They increase the stability, security, and self-sufficiency of all children and their families, including their involvement with the school, religion, sports programs, recreational activities, and community service opportunities.

How Does CPS Drug Test Work In Arizona?

The Child Protective Services and Arizona Law require CPS to investigate allegations of child abuse, child endangerment, or the possibility of a child being in an unsafe environment. The child's best interests are the primary concern of CPS in all situations. 

Suppose a substance-abusing parent or guardian fails to follow through with treatment or continues to use the substance in a way that endangers the child, the state can remove custody from that parent and place it with another suitable guardian. However, the process in which the Arizona state law and CPS drug testing program are implemented is as follows:

  1. The process starts with suspicion or belief that an infant may be exposed to harmful substances or may be neglected.
  2. The process continues with interviewing the parent or guardian, observing the child, and gathering information about the child's needs.
  3. If there is enough evidence to suggest neglect or abuse, CPS will ask the parent/guardian to participate in a drug test.
  4. If the parent/guardian is found to have used drugs, CPS must transition the child to another guardian or family member within a period.
  5. If the parent/guardian refuses a drug test, CPS will terminate their parental rights to the child.

However, the policy laid by the state makes a positive drug test a basis for reporting only. Moreover, Arizona is amongst twelve other states to have a positive drug test trigger as a ground for termination of parental rights.

What Type Of Drug Tests Does CPS Use In Arizona?

  • Urine test: This is the most common drug test as it is highly accurate, easy to administer, and only requires a cup of urine to determine whether someone has used drugs in the past week.
  • Saliva test: This is an equally common type of drug test. It can detect drugs that have been used over the past three days. However, the results of this test cannot be used in court and are not admissible as evidence.
  • Hair test: This is another standard drug test conducted on the parents of children in CPS custody. It can detect drugs for up to 90 days after the last use of that drug.

Therefore, a child with a history of parental addiction will likely undergo one of these three tests. Arizona has developed a schedule that determines the frequency and duration depending on the substance and its physical effects and addictive potential. As a parent, you can take a drug test anywhere in Arizona near your residence and get instant results if you approach the best drug testing center.

The Best Option For CPS Hair Follicle Drug Test In Arizona

The hair follicle drug test in Arizona is the most appropriate for the child concerned, and this may vary depending on the age and size of the child or teenager. The length of time a drug test can be used depends on how often the parent uses drugs and their effect on their children. 

However, the Uritox Hair follicle drug test kit is the best way to create a drug-free environment for your children and family. With this test, you can successfully detect drug use within 90 days of the last usage. 

Moreover, it is an effortless and quick procedure conducted anywhere. In addition, the accuracy of the Uritox hair follicle test is superb. At the same time, this test can be used for different substances, including MMJ, cocaine, opiates, and amphetamines.

Newborn Drug Testing Laws In Arizona

As per Arizona's newborn drug testing law, all babies born in the state are tested for certain drugs at birth. It is conducted due to public concern over the use of illegal and prescription drugs by pregnant mothers. 

However, during pregnancy, the doctor can conduct drug testing only with the consent of both parents. At the same time, after you deliver your baby, if any of the medical staff suspects that your newborn may have been exposed to illegal or prescription drugs during the pregnancy, they can conduct a drug test on the infant and yourself. 

In case of a positive drug test, the baby will be placed in CPS custody, and a drug treatment plan will be implemented to nullify any adverse effects of drugs on the child. Moreover, different hospitals and birthing centers have different drug testing programs. 

You will have to make sure you know about them and abide by them, as this is the only way to pursue your rights and protect your newborn. The CPS doesn't have the authority to test newborns regularly as it is not explicitly stated by Arizona law. As per Arizona law, you are legally responsible for anything that happens to your baby, even if the substance caused harm is not something you knowingly put into their body. For this reason, you should avoid taking illicit drugs during pregnancy.

Pre-Employment Arizona Drug Testing Laws

Arizona law does not explicitly give employers the right to conduct a pre-employment drug test on prospective employees. However, if your business has its policies in this regard and it is mandatory for you to test hired employees, then the law states that you can do so without violating any of the state's laws. 

If a worker fails or refuses to take a pre-employment drug test, you can refuse to hire the individual for your organization. Moreover, you can terminate an employee who is found positive for any drug test conducted during your organization's pre-employment period. 

On the other hand, an employer must have a written policy on drug testing, and all employees must be aware of that policy. Testing and re-testing by an employer must be carried out in terms of the policy in a non-discriminatory manner. 

Additionally, an employer must inform an employee beforehand that they can undergo a pre-employment drug test. If you fail to provide this information and follow your organization's policies, a court can penalize you.

Do Teachers Get Drug Tested In Arizona?

Arizona teachers might be subjected to random drug testing. It is vital to note that each state's education department has the authority to implement its own rules and policies related to drug testing teachers. 

However, Arizona law does not require schools to make such tests mandatory for all employees. As a result, schools in Arizona have different policies in place regarding drug testing programs. 

Therefore, you must make sure you comply with any school policy that is in place. If your school has a policy allowing for random drug tests, you will have to adhere to it. It is the only way to remain on the right side of the law and avoid being penalized by the state. 

In addition, reasonable suspicion of drug use might also be grounds for random drug testing. Schools are allowed to test teachers and other prospective employees who have reasonable suspicion that they are on drugs.

Top 10 Companies And Agencies That Drug Test In Arizona

Arizona has some of the most well-known employers with drug testing policies for its employees.

  1. Walgreens Healthcare Plus: Walgreens is a well-known corporation that offers various services and products. This organization serves more than 8,000 drugstores and health clinics across the United States. It drug tests all its staff members and provides drug testing services for its clients.
  2. Concord Servicing: Concord Servicing is one of the top dealers in Arizona. It offers loan, lease, and title services and tax preparation. They also have a drug and alcohol-free workplace policy for their employees.
  3. Safeway: Safeway is a supermarket and supercenter that operates several grocery stores in Arizona. All their employees undergo pre-employment drug testing before they are employed.
  4. Western Alliance: Western Alliance has provided home and commercial insurance policies for over 40 years. It conducts hair follicle drug tests on all its employees.
  5. Sundt Construction: Sundt Construction provides construction and infrastructure services. They have well-defined policies that allow them to conduct pre-employment and random drug testing on their staff members.
  6. American Express: American Express is one of the world's most popular companies. It has more than 25,000 employees in Arizona. The company employs a pre-employment urine drug screening on all staff members.
  7. Fry's Food & Drugstore: Fry's Food & Drugstore is a huge grocery store and pharmacy that has stores across Arizona. They drug test all their employees and offer a pre-employment drug test to anyone who applies for a position in their organization.
  8. Cox Communications: Cox Communications is a leading communication organization in the US. As per their drug-free work policy, all employees undergo random drug testing.
  9. Swift transportation: Swift transportation is a nationally recognized organization that provides freight and logistics services to other companies. It has drug-free workplace policies for all employees and conducts pre-employment drug tests.
  10. Canyon Ranch: Canyon Ranch is a spa, resort, and hotel in Arizona. It drug tests all of its staff and potential employees before hiring. It helps them ensure that none of their employees are under drugs or alcohol while working for them.

Top 10 Jobs In Arizona That Don't Drug Test

Except for some safety-sensitive jobs in Arizona, specific jobs do not require you to undergo a drug test before you are hired.

  1. Telemarketers: Telemarketers are not subjected to drug testing before they are employed. Their job does not require them to be on the road or have physical contact with the public. In addition, an individual who wants to become a telemarketer does not need any special licensing or qualifications.
  2. Janitor: The term "janitor" broadly means a person who cleans and maintains the premises of a building. However, in Arizona, janitors are not required to undergo drug testing before employment. It is because cleaning the premises of a building is not a job that requires physical activity or exposure to chemicals.
  3. Librarians: Librarians are people who manage and organize written information for public use. They tend to be in a secluded environment, and thus they are not subjected to drug testing before they are employed.
  4. Mail Carriers: Mail carriers are not subjected to drug testing before employment. Their job does not require them to be in a physical state. They only deliver the mail to homes and businesses near their route.
  5. Real Estate Brokers: The term "real estate broker" refers to a person who helps people buy and sell real estate properties. Real estate brokers do not have to undergo any drug testing before employment. Their work requires them to be in an empty office, where no people are around.
  6. Accountants: Accountants are people who assist companies and organizations with their financial matters. They do not have to undergo drug testing before they are employed. 
  7. Computer Programmers: Computer programmers do not have to undergo drug testing before employment. Their job does not require them to be in a physical state. But instead, it needs them to be in an office or a computer room where they work.
  8. Plumbers: Plumbers do not have to undergo any drug testing before employment. It is because their job does not require them to be in a physical state. All they do is fix the pipes and drains of a building.
  9. Printers: A printer is a person who operates a machine that prints documents. Printers do not have to undergo any drug testing before they are employed. 
  10. Sports or Fitness Trainers: A fitness trainer is a person who helps people with their physical activities. Such activities include running, playing sports, swimming, and other physical activities. They do not have to undergo any drug testing before they are employed.

Arizona Employer Drug Testing Laws

Arizona has no specific laws to regulate drug testing. However, employers may collect pre-employment or random drug tests from their employees. Arizona employers must have a written policy in place to conduct such tests. 

Such policies should also outline the consequences of failing a drug test and the medical examinations that the employer will conduct on their employees. In addition, these policies must be provided to all employees at least 14 days before they are performed. Moreover, the policy must include the following:

  1. An explanation of the employer's policy concerning drug testing
  2. The potential consequences of failing a drug test
  3. The length of time that a person may be tested for drugs, as well as the results of any drug tests performed on them
  4. The testing procedure that will be used if an employee refuses to take a drug test
  5. The testing procedure that will be used if the drug test is positive
  6. The possibility of being fired or disciplined for refusing to take a drug test

However, Arizona employers must make sure they do not test any employee under the age of 18 or who has been provided a therapeutic exemption. Drug and alcohol testing in Arizona is also illegal if there is no valid reason to do so. 

Furthermore, the law regarding MMJ in Arizona does not permit an employer to discriminate against a person using medical MMJ. Few Things Every Arizona Employer Should Know About Medical MMJ:

  • An employer is prohibited from refusing to hire an employee because they have a medical MMJ card
  • An employer cannot discipline an employee who has been prescribed medical MMJ by their doctor
  • An employer is forbidden to fire an employee for testing positive for medical MMJ

What Might Happen On Failing A Drug Test During Probation In Arizona?

Those placed on probation in Arizona will have to submit to drug tests at least once a month. They also must comply with all the rules and regulations set by the probation officer assigned. Any violation of the conditions set by the court may result in threatening consequences. It is essential to understand that probation officers must conduct random drug tests on the people they have placed on probation in Arizona. 

Those who fail a drug test are usually given the option to undergo an evaluation or treatment program. If the evaluation finds that substance abuse is due to a medical condition, they may be granted a therapeutic rather than punitive exemption. You can even get legal advice by contacting an attorney if you fail a probation drug test.

Conclusion

Although drug testing regulations vary across the United States, there is no doubt that such tests are critical in finding out if a person has been using illegal drugs. In Arizona, the law permits an employer to test a person for drugs before they are offered a job or at any time. 

However, it is important to understand that employers must comply with federal laws when performing employee drug tests. Furthermore, the rules governing drug testing vary from state to state. 

Therefore, employers must check their state laws before drug testing potential employees or current employees.

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