Assigned to COMPS &                                                                                                              FOR COMMITTEE

 

 


 

 

ARIZONA STATE SENATE

Fifty-Third Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1199

 

drug testing; eye movement analysis

 

Purpose

 

Permits an employer to conduct an eye movement analysis to test an employee or potential employee for drug or alcohol impairment.

 

Background

 

Statute permits an employer to require samples from its employees or potential employees in order to test for the presence of drugs or alcohol impairment. The employer may designate the type of sample to be used for testing (A.R.S. § 23-493.01). Current law defines sample as urine, blood, breath, saliva, hair or other substances from the person being tested (A.R.S. § 23-493).

 

All sample collection and testing for drugs or alcohol impairment must be performed according to the following conditions: 1) sample collection must be performed under reasonable and sanitary conditions; 2) sample collections must be documented according to specified procedures; 3) sample collection, storage and transportation must be performed in a reasonable way that precludes the possibility of contamination, adulteration or misidentification; 4) sample testing must comply with scientifically-accepted analytical methods and procedures, and must be conducted in specified laboratories; and 5) drug testing must include confirmation of any positive results by use of a specified chemical process (A.R.S. § 23-493.03).

 

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

 

Provisions

 

1.      Expands the definition of sample to include an eye movement analysis of the person being tested for drug or alcohol impairment by an employer.

 

2.      Makes a technical correction.

 

3.      Becomes effective on the general effective date.

 

Prepared by Senate Research

January 25, 2018

GH/VR/lb