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Employee Drug Test Policies | Arizona Business Law

Kraig Marton | 1421 Views | 06/24/2015

Can an Employer Require a Drug Test?

My name is Kraig Marton, and I practice employment law here at Jaburg & Wilk. You know, an employer can require drug testing. In fact, an employer may have a duty to require drug testing because the employer has an obligation to make the workplace safe to the employees, to customers, and to anyone else who comes there. Maybe. An employer generally should have what’s called reasonable suspicion in order to require a drug test, although if an employer wants to randomly drug test, and it’s done randomly and uniformly, an employer could do that too. If an employee is told to take a test and they think they’re going to pass it, they probably should take the test. If an employee thinks they’re going to fail the drug test, they need to think carefully about why that is.

What if You are Required to Take a Drug Test?

If an employee is going to fail a drug test, possibly they should take it anyway, and turn themselves in for treatment. Many employers are humane, and will deal with the issue, allow the employee – with monitoring and treatment – to continue working.

Employer Protocol if Alcohol/Drugs Use is a Problem

One thing an employer should do is adopt a drug policy. There is a statute in Arizona that basically gives an employer what’s called a Safe Harbor from lawsuit if they have a policy and they follow it, so if an employer thinks that there is a problem with drugs or alcohol in the workplace, again, they have a duty to do something about it. They should adopt a policy followup, and occasionally a drug test. Drugs and alcohol have become a problem, and have been for many years, but many see an increasing problem in the workplace. It costs productivity, it costs time, it costs energy, it costs money, and drugs and alcoholism are a disease that needs treating, so I hope that if somebody has a problem, that they seek treatment. And I hope, if you’re an employer, that you’re humane with how you deal with the situation.

By: Kraig Marton

Employee Drug Test Policies | Arizona Business Law

Can an Employer Require a Drug Test?

My name is Kraig Marton, and I practice employment law here at Jaburg & Wilk. You know, an employer can require drug testing. In fact, an employer may have a duty to require drug testing because the employer has an obligation to make the workplace safe to the employees, to customers, and to anyone else who comes there. Maybe. An employer generally should have what’s called reasonable suspicion in order to require a drug test, although if an employer wants to randomly drug test, and it’s done randomly and uniformly, an employer could do that too. If an employee is told to take a test and they think they’re going to pass it, they probably should take the test. If an employee thinks they’re going to fail the drug test, they need to think carefully about why that is.

What if You are Required to Take a Drug Test?

If an employee is going to fail a drug test, possibly they should take it anyway, and turn themselves in for treatment. Many employers are humane, and will deal with the issue, allow the employee – with monitoring and treatment – to continue working.

Employer Protocol if Alcohol/Drugs Use is a Problem

One thing an employer should do is adopt a drug policy. There is a statute in Arizona that basically gives an employer what’s called a Safe Harbor from lawsuit if they have a policy and they follow it, so if an employer thinks that there is a problem with drugs or alcohol in the workplace, again, they have a duty to do something about it. They should adopt a policy followup, and occasionally a drug test. Drugs and alcohol have become a problem, and have been for many years, but many see an increasing problem in the workplace. It costs productivity, it costs time, it costs energy, it costs money, and drugs and alcoholism are a disease that needs treating, so I hope that if somebody has a problem, that they seek treatment. And I hope, if you’re an employer, that you’re humane with how you deal with the situation.

By: Kraig Marton