Drug testing mandatory for Transportation for Hire in Arizona – Starts September 13, 2013

Taxi_MNJANICE K. BREWER-GOVERNOR
KEVIN TYNE,  DIRECTOR ARIZONA DEPARTMENT OF WEIGHTS AND MEASURES
4425 West Olive Avenue, Suite 134 Glendale, AZ 85302
602-771-4920 FAX 623-939-8586 800-277-6675
www.azdwm.gov

Attention!

Transportation For Hire Companies
This month, on September 13th, 2013, Senate Bill 1087 (Drug Testing Records; Taxi Drivers) a new law and requirement will become effective. In accordance with this drivers of livery vehicles, taxis and limousines will be required to submit to drug tests and any owner/operator have these results available at all times for inspection by the Department of Weights and Measures.

Compliance!
Arizona Revised Statute Title 41, Chapter 15
A. An owner of a livery vehicle, taxi or limousine licensed through the department shall have available for inspection at all times by the department written evidence of a criminal background check and drug testing records of any driver operating a livery vehicle, taxi or limousine for the owner, whether as a employee or lessee, and random drug testing shall be completed annually for the driver, whether as an employee or lessee. Drug testing records shall include pre-employment drug testing results and random, annual drug testing results for the driver, whether as an employee or lessee.

B. An owner of a livery vehicle, taxi or limousine licensed through the department shall have for inspection at all times by the department all vehicle maintenance records of all the owners’ livery vehicles, taxis or limousines. At a minimum, the vehicle maintenance records shall include information of a routine brake and tire inspection that is performed by a qualified or professional motor vehicle mechanic. Such maintenance records shall be updated at least annually.

Inspection!
An agent of the Department of Weights and Measures may conduct unannounced inspections, and may contact the owner on file to audit your drug testing records. Each owner/ operator shall furnish the names and associated drug tests of each driver to the agent during the audit. The Department of Weights and Measures has provided a list of drug testing companies available for your convenience on line at www.azdwm.gov.

Frequently Asked Questions
• When does this bill go into effect?
 The bill will become effective on September 13th 2013.

• Who is subject to this law?
 Anyone who is a driver (employee/lessee) of a vehicle for hire company
(taxi/limo/livery) will be subject to a pre-employment drug test, and random
annual drug tests thereafter

• How often must drug testing be performed?
 A drug test must be performed on any driver as a part of the company’s pre-employment process. A drug test will also be performed annually at random (once
a year at any point throughout the year)

• Where records must be kept?
 It is up to the employer on where records will be kept, but must have results
readily available for inspection at all times.

• What type of drug tests must be performed?
 It is up to the employer to decide to what level of drug test they will subject their
drivers to.

• Where do you get drug tested (locations)?
 The department has posted a link to drug testing companies at www.azdwm.gov.

• Can I buy an at home drug test and use those results?
 No, drug tests must be conducted at a qualified location with documentation
provided by them

• If an employee/lessee tests positive on a random drug test, what course of action should be taken?
 The owner operator assumes all legal liabilities.

• What are the penalties if drug testing is not performed?
 The law is clear and every for hire driver must have a drug test on file. The owner
operator of the company is responsible and civil penalties will be issued.

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