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Alaska Voluntary Drug Testing Act
Alaska law provides legal protection for employers who voluntarily establish a drug and alcohol policy and testing program under the Voluntary Drug Testing Act. No restrictions are placed on the type of testing that is allowed (random, pre-employment, etc.). An employer must have a written policy, disseminate it to all employees, and give 30 days’ written notice before implementing the program.
At a minimum, the policy must include:
Specific drug testing procedures must be followed. An employer doing on-site testing may only use products approved by the Food and Drug Administration. A test administrator must be certified. The administrator must:
Positive test results must be confirmed by gas chromatography mass spectrometry. An employer may not rely on a positive drug test unless the confirmatory drug test results have been reviewed by a licensed physician or doctor of osteopathy.
An employer may not take a permanent employment action based on an unconfirmed, screen positive on-site test result. If an employer takes temporary action, the employer must restore the employee’s wages and benefits if the confirmatory test result is negative.
If testing is not done on-site, it must be conducted at a laboratory approved or certified by the Substance Abuse and Mental Health Services Administration or the College of American Pathologists, American Association of Clinical Chemists.
Unemployment insurance
For reporting to work under the influence of drugs/alcohol, consumption on the employer’s premises during work hours, or violation of employer’s policy as long as policy meets statutory requirements.
Workers’ compensation
Workers’ compensation law provides for denial of benefits if the injury was caused by drug/alcohol use. The presumption does exist, however, that an employee's injury was not proximately caused by intoxication or illegal drug use; employers must present substantial evidence to overcome this presumption.
School bus drivers
The law requires mandatory random drug and alcohol testing of school bus drivers.
Contacts
Dept. of Labor and Workforce Development
Worker’s compensation
Workers’ Compensation Division
Regulations
Alaska Voluntary Drug Testing Act
Alaska Stat. §23.10.600 - 23.10.699.
Workers’ compensation
Alaska Stat., Ch. 23.30, Alaska Workers’ Compensation Act
School bus drivers
Alaska Stat. §14.09.025, Drug testing for school bus drivers.
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness. Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document