(a) If an employer has established a drug and alcohol testing policy and initiated a testing program under AS 23.10.600 – 23.10.699, a person may not bring an action for damages against the employer for (1) actions in good faith based on the results of a positive drug test or alcohol impairment test; (2) failure […]
A person may not bring an action for defamation of character, libel, slander, or damage to reputation against an employer who has established a program of drug testing or alcohol impairment testing under AS 23.10.600 – 23.10.699 if the action is based on drug or alcohol testing unless (1) the results of the test were […]
Compliance with AS 23.10.600 – 23.10.699 by employers is voluntary.
(a) Under AS 23.10.600 – 23.10.699, an employer may only carry out the testing or retesting for the presence or evidence of use of drugs or alcohol after adopting a written policy for the testing and retesting and informing employees of the policy. The employer may inform employees by distributing a copy of the policy […]
(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 […]
(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 […]
(a) An employer may include on-site drug and alcohol tests of employees and prospective employees as part of the employer’s drug and alcohol testing policy under AS 23.10.600 – 23.10.699. In on-site testing under this section, an employer may only use products approved by the Food and Drug Administration for employee testing and shall use […]
(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 […]
(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 […]
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) […]
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 […]
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 […]
