Sec. 23.10.650. Training of test administrators.
(a) Each employer shall ensure that at least one designated employee receives at least 60 minutes of training on alcohol misuse and at least an additional 60 minutes of training on the use of controlled substances. The training will be used by the designee to determine whether reasonable suspicion exists to require an employee to […]
Sec. 23.10.655. Disciplinary procedures.
(a) An employer may take adverse employment action based on (1) a positive drug test or alcohol impairment test result that indicates a violation of the employer’s written policy; (2) the refusal of an employee or prospective employee to provide a drug testing sample; or (3) the refusal of an employee to provide an alcohol […]
Sec. 23.10.660. Confidentiality of results; access to records.
A communication received by an employer relevant to drug test or alcohol impairment test results and received through the employer’s testing program is a confidential and privileged communication and may not be disclosed except (1) to the tested employee or prospective employee or another person designated in writing by the employee or prospective employee; (2) […]
Sec. 23.10.670. Effect of mandatory testing obligations.
An employer who is obligated by state or federal requirements to have a drug testing or alcohol impairment testing policy or program shall receive the full benefits of AS 23.10.600 – 23.10.699 even if the required policy or program is not consistent with AS 23.10.600 – 23.10.699, so long as the employer complies with the […]
Sec. 23.10.699. Definitions.
In AS 23.10.600 – 23.10.699, (1) “alcohol” means ethanol, isopropanol, or methanol; (2) “drug testing” means testing for evidence of the use of a drug; (3) “drugs” means a substance considered unlawful under AS 11.71 or the metabolite of the substance; (4) “employee” means a person in the service of an employer; (5) “employer” means […]
Sec. 23.10.365. Enforcement.
The department shall enforce AS 23.10.325 – 23.10.370.
Sec. 23.10.630. Collection of samples.
(a) An employer may test an employee for the presence of drugs or for alcohol impairment. An employer may test a prospective employee for the presence of drugs. (b) In order to test reliably, an employer may require an employee or prospective employee to provide a sample of the individual’s urine or breath and to […]
Sec. 23.10.370. Penalty.
(a) Except as provided in (b) of this section, a person who violates a provision of AS 23.10.325 – 23.10.370 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500, or by imprisonment for not more than 90 days, or by both. (b) A person who employs […]
Sec. 23.10.640. Testing procedures.
(a) Sample collection and testing for alcohol impairment and drugs under AS 23.10.600 – 23.10.699 shall be performed under reasonable and sanitary conditions. The person collecting samples shall document the sample, including labeling the sample to preclude to the extent reasonable the possibility of misidentification of the person tested in relation to the test result […]
Sec. 23.10.375. Policy.
The welfare of the state demands that adequate provision be made for financing the return transportation of certain persons to their place of recruitment inside and outside the state upon termination of employment.