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Alaska Drug Testing Statutes
AS 23.10.600 - AS 23.10.699
Next: Section 610. Limits On Causes of
Action For Disclosures.
AS 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.
If any errors are found, please e-mail Alaska Scientific, Inc. We hope you
find this information useful.
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