(a) An employer may take adverse employment action based on
(1) a positive drug test or alcohol impairment test result that indicates a violation of the employer's written policy;
(2) the refusal of an employee or prospective employee to provide a drug testing sample; or
(3) the refusal of an employee to provide an alcohol impairment testing sample.
(b) Adverse employment action under (a) of this section may include
(1) a requirement that the employee enroll in an employer provided or employer approved rehabilitation, treatment, or counseling program; the program may include additional drug testing and alcohol impairment testing; the employer may require participation in the program as a condition of employment; costs of participating in the program may or may not be covered by the employer's health plan or policies;
(2) suspension of the employee, with or without pay, for a designated period of time;
(3) termination of employment;
(4) in case of drug testing, refusal to hire a prospective employee; and
(5) other adverse employment action.
Structure Alaska Statutes
Title 23. Labor and Workers' Compensation
Chapter 10. Employment Practices and Working Conditions
Article 8. Drug and Alcohol Testing by Employers.
Sec. 23.10.600. Employer protection from litigation.
Sec. 23.10.610. Limits on causes of action for disclosures.
Sec. 23.10.615. Employer's compliance voluntary.
Sec. 23.10.620. Employer policy.
Sec. 23.10.630. Collection of samples.
Sec. 23.10.640. Testing procedures.
Sec. 23.10.645. On-site testing.
Sec. 23.10.650. Training of test administrators.
Sec. 23.10.655. Disciplinary procedures.
Sec. 23.10.660. Confidentiality of results; access to records.