Drug testing - Alaska

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:

• A statement of the employer's policy regarding drug and alcohol use by employees,
• A description of those employees or prospective employees who are subject to testing,
• The circumstances under which testing may be required,
• The substances as to which testing may be required,
• A description of the testing methods and collection procedures to be used, including an employee's right to a confirmatory drug test,
• The consequences of a refusal to participate in the testing,
• Any adverse personnel action that may be taken based on the testing procedure or results,
• The right of an employee, on the employee's request, to obtain the written test results,
• The right of an employee, on the employee's request, to explain a positive test result in a confidential setting, and
• A statement of the employer's policy regarding the confidentiality of the test results.

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:

• Conduct the test in a manner that allows the subject of the test to observe the test procedure and the results,
• Complete the sample documentation required under state law, and
• Prepare a written record of the results of the on-site test.

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

A worker is not qualified for unemployment insurance benefits if the worker was discharged for conduct in violation of an employer’s drug and alcohol policy that meets the requirements of the Voluntary Drug Testing Act.

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.