Alaska Drug Testing Laws and Regulations

Alaska State §23.10.600-23.10.699

Alaska State §14.09.025

• Testing authorized, including random testing, for job-related purpose, consistent with business necessity.
• Thirty days' notice and a written policy statement must be given to employees.
• Discipline or discharge for positive test or refusal to submit to test.
• School bus drivers subject to random testing and discipline under separate provisions.
• Testing can be done only after the employer has established a written policy, in which all employees have the knowledge or access to the information on such policy.

Employer Protection from Litigation (AS § 23.10.600)

• Employers are protected from any litigation for any action taken based on the results of the drug and alcohol impairment testing, subject to the provisions of AS §23.10.600-23.10.699.

Employer Policy (AS § 23.10.620)

• Employers must inform employees and prospective employees about the drug and alcohol testing policy in the workplace.
• Drug and alcohol testing may be required for employees and prospective employees for job-related purposes in line with the employer’s policy and business needs. Testing for drug and alcohol impairment may be conducted for the following reasons:

• To investigate probable drug abuse and alcohol intoxication of particular employees.
• To investigate work-related accidents in order to rule out the possibility of drug or alcohol impairment as contributing factor to the accident.
• To keep a safe working environment for all employees and protect the safety of clients and the general public.
• To ensure high productivity and delivery of quality goods and services to the customers.
• To safeguard business property and information.
• To verify reasonable suspicion of drug and alcohol abuse, which could adversely affect job performance or work environment

• Drug and alcohol testing policy must have the following basic information:

• Employer policy statements regarding drug and alcohol use by its employees.
• Description of employees and prospective employees who will be tested for drug and alcohol use or abuse
• The circumstances in which testing will be mandatory.
• The substances in which the employees or prospective employees will be tested.
• Description of the procedures for testing and sample collection.
• The right of the employees to verify initial test results to be reviewed by a licensed doctor of osteopathy.
• The consequences for refusal to undergo drug and alcohol testing.
• Action to be taken by employers based on the results of the tests.
• The right of employees to request for a written copy of the test results and the obligation of employers to provide copies of the test results after receipt of written request – so long as the request is made six months subsequent to the date of the test.
• The right of employees to request for a confidential venue to explain positive drug or alcohol test results. If an employee makes this kind of request in writing within 10 days after receiving the notice, the employer must provide the opportunity within 72 hours before taking action.
• Employer’s statement of confidentiality of the test results.

Collection of Samples (AS §23.10.630)

• Sample collection must be conducted reasonably, hygienically, thoroughly to avoid adulteration and misidentification, and with utmost respect for the privacy of the individual.
• The actual costs of drug and alcohol testing for employees and prospective employees must be paid for by the employers. If the testing center is in a location away from the workplace, the employers must pay for the transportation cost.

Disciplinary Procedures (AS §23.10.655)

• The following shall be the employer’s basis for disciplinary or adverse employment action:
• A positive result in the drug and alcohol testing is a violation of the employers’ drug and alcohol policy.
• Refusal of an employee or prospective employee to provide samples for the drug and alcohol testing.

• Employment action under AS 23.10.600-23.10.699 includes, but not limited to, the following:

• Employee will be required to participate in a counselling or rehabilitation program provided by the employer. The cost of the program may or may not be paid for by the employer. The employer has the right to require such treatment program as a condition for employment.
• Suspension for a period of time, with or without pay
• Termination of employment
• Turn down the initial job offer to a prospective employee

Drug and Alcohol Testing for school bus drivers (AS §14.09.025)

• For the safety of school children, schools and other educational institutions that provide transportation service, employers have the right to require drug testing, including random testing, to all the drivers.
• Testing procedures and disciplinary actions shall be imposed in accordance with the provisions of the law.