New Arizona Law Requires Drug Testing of Taxi and Limousine Drivers

The governor of Arizona signed a law on May 7, 2013 requiring drug testing and criminal background checks for all drivers of livery vehicles, taxis and limousines. The law requires those who own or lease such vehicles to conduct pre-employment drug testing and criminal background checks on applicants for such driving positions. After hire, drivers must be subjected to annual random drug testing. Random testing means that names are selected at random and that everyone in the selection pool has an equal chance of being selected each time a selection is made. When drug testing is truly random, there is no way to guarantee that an employee’s name will be selected at any time, let alone once a year. More importantly, the law does not require employers to refuse to hire applicants who test positive, and does not require employers to fire those drivers who test positive on their annual drug tests, although the expectation appears to be that individuals who test positive should not be permitted to drive. Employers must make criminal background records and drug test results available for inspection by the Arizona Department of Weights and Measures.

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