Drug and alcohol testing are the responsibility of an employer. These tests ensure that workers are physically able to complete tasks in a professional and safe manner, creating safe workplaces for fellow employees and customers alike. The state of Arizona has several legal requirements that employers must follow during drug and alcohol testing to protect the rights of employees.
The most common legal claims that arise from workplace drug and alcohol tests are procedural violations of state law regarding these tests. Employers are required to provide employees with up-to-date information about drug and alcohol compliance and testing policies, as well as follow all laws and regulations regarding safety and privacy when conducing such tests.
Employees may also make legal claims regarding drug and alcohol testing if they are taking medication for a disability or condition that falls under the Americans with Disabilities Act. Furthermore, employers may not single out groups of employees by age, gender, or race when conducting drug and alcohol testing.
Privacy and Defamation Claims
Drug and alcohol testing must respect the privacy of employees. Legal claims may be made when an employee’s privacy is violated, either during or after the test. Employers may not require employees to disrobe or provide certain types of samples in front of others, nor may they disclose the results of a confirmed positive or false positive test publicly or negligently.
As an employer, it’s essential to ensure your drug and alcohol testing program follows the procedures and regulations set forth by state law and protects the rights of your employees. Oschmann Employee Screening Services of Tucson can help you conduct on- and off-site drug and alcohol testing in compliance with all state laws. Please call us today at (520) 745-1029 or (800) 224-8532 to discuss your testing needs, or click through our website for more information about our services.