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. 23.10.650. 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. 23.10.385. Enforcement by civil action.
(a) The department may take a written assignment of a right of action provided by AS 23.10.380, and may prosecute the action. The department may join various employees in one claim and in case of suit may join them in one action. (b) The general provisions of law respecting wage collection suits brought by the […]
Sec. 23.10.390. Construction of contracts.
AS 23.10.375 – 23.10.400 are considered a part of every contract of hire involving transportation of an employee to and from this state or from one part of the state to another.
Sec. 23.10.395. Orders and regulations.
The department may issue orders and adopt regulations necessary to carry out AS 23.10.375 – 23.10.400.
Sec. 23.10.400. Penalty.
An employer who violates AS 23.10.375 – 23.10.400 is, in addition to any civil liability, guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000.
Sec. 23.10.405. Legislative declaration of hazard.
Employment in underground coal mines, underground lode mines, underground placer mines, in underground coal, lode, or placer workings, or in all other underground mines or workings is injurious to health and dangerous to life and limb.