Section 23.10.620. Employer policy.

   (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 to each employee subject to testing or making the policy available to employees in the same manner as the employer informs its employees of other personnel practices, including inclusion in a personnel handbook or manual or posting in a place accessible to employees. The employer shall inform prospective employees that they must undergo drug testing.
   (b) The written policy on drug and alcohol testing must include, at a minimum,
        (1) a statement of the employer's policy respecting drug and alcohol use by employees;
        (2) a description of those employees or prospective employees who are subject to testing;
        (3) the circumstances under which testing may be required;
        (4) the substances as to which testing may be required;
        (5) a description of the testing methods and collection procedures to be used, including an employee's right to a confirmatory drug test to be reviewed by a licensed physician or doctor of osteopathy after an initial positive drug test result in accordance with AS 23.10.640(d);
        (6) the consequences of a refusal to participate in the testing;
        (7) any adverse personnel action that may be taken based on the testing procedure or results;
        (8) the right of an employee, on the employee's request, to obtain the written test results and the obligation of the employer to provide written test results to the employee within five working days after a written request to do so, so long as the written request is made within six months after the date of the test;
        (9) the right of an employee, on the employee's request, to explain in a confidential setting, a positive test result; if the employee requests in writing an opportunity to explain the positive test result within 10 working days after the employee is notified of the test result, the employer must provide an opportunity, in a confidential setting, within 72 hours after receiving the employee's written notice, or before taking adverse employment action;
        (10) a statement of the employer's policy regarding the confidentiality of the test results.
   (c) An employer may require the collection and testing of a sample of an employee's or prospective employee's urine or breath for any job-related purpose consistent with business necessity and the terms of the employer's policy, including
        (1) investigation of possible individual employee impairment;
        (2) investigation of accidents in the workplace; an employee may be required to undergo drug testing or alcohol impairment testing for an accident if the test is taken as soon as practicable after an accident and the test is administered to employees who the employer reasonably believes may have contributed to the accident;
        (3) maintenance of safety for employees, customers, clients, or the public at large;
        (4) maintenance of productivity, the quality of products or services, or security of property or information;
        (5) reasonable suspicion that an employee may be affected by the use of drugs or alcohol and that the use may adversely affect the job performance or the work environment.
   (d) In addition to tests required under (c) of this section, an employer may require employees or groups of employees to undergo drug testing on a random or chance basis.
   (e) If an employer institutes a policy of drug testing or alcohol impairment testing under AS 23.10.600 - 23.10.699, the policy must identify which employees or positions are subject to testing. An employer must test all or part of the work force based on consideration of safety for employees, customers, clients, or the public at large. An employer may not initiate a testing program under AS 23.10.600 - 23.10.699 until at least 30 days after the employer notifies employees of the employer's intent to implement the program and makes written copies of the policy available as required by (a) of this section.
   (f) The provisions of AS 23.10.600 - 23.10.699 may not be construed to discourage, restrict, limit, prohibit, or require on-site drug testing or alcohol impairment testing.

Authorities

23.10.640;23.20.379

Notes

Recent Bills that will modify this

HB 32 WORKERS COMP: CONTROLLED SUBSTANCES TESTS

References

AS 23.10.640 Testing procedures.
AS 23.20.379 Voluntary quit, discharge for misconduct, and refusal of work.

History

(Sec. 1 ch 106 SLA 1997)