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Previous: Section 615.
Employer's Compliance Voluntary.
Next: Section 630. Collection of Samples.
AS 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.
If any errors are found, please e-mail Alaska
Scientific, Inc. We hope you find this information useful.
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