Section 23.10.600. Employer protection from litigation.

   (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 to test for drugs or alcohol impairment or failure to test for a specific drug or another controlled substance;
        (3) failure to test or, if tested, failure to detect a specific drug or other substance, a medical condition, or a mental, emotional, or psychological disorder or condition; or
        (4) termination or suspension of a drug or alcohol prevention or testing program or policy.
   (b) A person may not bring an action for damages based on test results against an employer who has established and implemented a drug and alcohol testing program under AS 23.10.600 - 23.10.699 unless the employer's action was based on a false positive test result and the employer knew or clearly should have known that the result was in error and ignored the true test result because of reckless or malicious disregard for the truth or the wilful intent to deceive or be deceived.
   (c) In a claim, including a claim under AS 23.10.600 - 23.10.699, if it is alleged that an employer's action was based on a false positive test result,
        (1) there is a rebuttable presumption that the test result was valid if the employer complied with the provisions of AS 23.10.600 - 23.10.699; and
        (2) the employer is not liable for monetary damages if the employer's reliance on a false positive test result was reasonable and in good faith.
   (d) A person may not bring an action for damages against an employer for an action taken related to a false negative drug test or alcohol impairment test.
   (e) A person may not bring an action against an employer based on failure of the employer to establish a program or policy on substance abuse prevention or to implement drug testing or alcohol impairment testing.

Authorities

23.10.600;23.10.610;23.10.615;23.10.620;23.10.630;23.10.640;23.10.645;23.10.670;23.10.699

Notes

References

AS 23.10.600 Employer protection from litigation.
AS 23.10.610 Limits on causes of action for disclosures.
AS 23.10.615 Employer's compliance voluntary.
AS 23.10.620 Employer policy.
AS 23.10.630 Collection of samples.
AS 23.10.640 Testing procedures.
AS 23.10.645 On-site testing.
AS 23.10.670 Effect of mandatory testing obligations.
AS 23.10.699 Definitions.

History

(Sec. 1 ch 106 SLA 1997)