Summary of Law(s) and Regulation(s):
Injury or death may not be compensable under the law when substantially caused by employee use of alcohol or unlawful use of drugs, except when employer had knowledge of or permitted or condoned this use, or if employee fails to pass, refuses to cooperate with, or refuses a drug or alcohol test AND the employer is in compliance with the voluntary act. An employee may be entitled to benefits if he can prove that the use was not a contributing cause of the injury, BAC was lower than .10 percent, or the test used cut-off levels that were lower than the federal DOT levels. [Note: This law has been ruled unconstitutional in case law.] Ariz. Rev. Stat. § 23-1021 (Supp. 2006)