The Alaska employment drug testing laws allow employers to perform drug tests on employees and prospective employees as long as the employer has implemented a written policy. The contents of this policy must adhere to the Alaska Statute § 23.10.620 and be made available to the potential drug-testing subjects. Once employees have been notified of the drug testing program, the employer must wait thirty (30) days until they can initiate their program.
Can Current Employees be Tested? Yes, only under the following circumstances:
- investigation of employee impairment
- investigation of a workplace accident (all employees involved are subject to testing)
- maintaining safety in the workplace
- maintaining productivity in the workplace
- suspicion of an employee being affected by drug/alcohol abuse
An employer has the right to test employees or a group of employees on a random basis. Upon receiving a positive drug test result, employees/applicants have ten (10) days to explain the results.
Is Certified Testing Required? Yes.
What can be Tested? Urine or breath only.
Laws – § 23.10.(600-699)
How to Conduct a Legal Drug Test
Step 1 – Employers must receive a Drug Test Release Form from employees or job applicants who have been chosen for a drug test. An employer may choose to use the following methods for collecting samples from an individual:
Step 2 – Drug testing must be conducted at a lab certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) or the College of American Pathologists (CAP). On-site drug testing is also permitted if conducted by a test administrator who has been certified according to § 23.10.650(b). If an on-site test is positive, the results must be sent to an approved SAMHSA laboratory. Visit www.samhsa.gov to access the current list of certified labs.
Step 3 – Employees can request written results of their drug test and employers must grant said request within five (5) days of the written letter. An employee has ten (10) days to combat/explain a positive test result. An employer can take action in a number of ways as implemented in § 23.10.655.