Arizona Laws 23-493.08. Limits to causes of action
A. No cause of action for defamation of character, libel, slander or damage to reputation is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article unless all of the following apply:
Terms Used In Arizona Laws 23-493.08
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Alcohol: means ethanol, isopropanol or methanol. See Arizona Laws 23-493
- Employee: means any person in the service of an employer. See Arizona Laws 23-493
- Employer: means this state, a political subdivision of this state or any person, firm, company, corporation, labor organization, employment agency or joint labor-management committee, including any public utility, transit district or special taxing district organized pursuant to Title 48, Chapter 17 or 22, that has one or more full-time employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Arizona Laws 23-493
- Impairment: means symptoms that a prospective employee or employee while working may be under the influence of drugs or alcohol that may decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, walking, standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance, clothing, odor, irrational or unusual behavior, negligence or carelessness in operating equipment, machinery or production or manufacturing processes, disregard for the safety of the employee or others, involvement in an accident that results in serious damage to equipment, machinery or property, disruption of a production or manufacturing process, any injury to the employee or others or other symptoms causing a reasonable suspicion of the use of drugs or alcohol. See Arizona Laws 23-493
- negligently: import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Prospective employee: means any person who has made application to any employer, whether written or oral, to become an employee. See Arizona Laws 23-493
1. The results of that test were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the tested employee, the tested prospective employee or any other person authorized or privileged by law to receive the information.
2. The information disclosed was a false positive test result.
3. The false positive test result was disclosed negligently.
4. All elements of an action for defamation of character, libel, slander or damage to reputation as established by law are satisfied.
B. No cause of action arises in favor of any person against an employer based on the failure of the employer to establish a program or policy on substance abuse prevention or to implement drug testing or alcohol impairment testing.
C. Compliance with this article by employers is voluntary and no cause of action arises as a result of having a drug testing and alcohol impairment testing policy that is not in compliance with this article.