State: Alaska
Statute of Order: Alaska State §23.10.600 et seq., §14.09.025
Covered Employers: All employers, including school districts or regional educational attendance areas.
Applicant Testing: Applicant testing not restricted. Positive results or refusal may be grounds for not hiring.
Employee Testing: Testing authorized, including random testing, for job-related purpose, consistent with business necessity. Thirty days' notice and a written policy statement must be given to employees. Discipline or discharge for positive test or refusal to submit to test. School bus drivers subject to random testing and discipline under separate provisions.
Conditions & Methods: Confidentiality of test results. Confirming test in case of positive result. Opportunity to obtain results within 5 days and explain positive result within 10 days.
Pass Drug Testing Bulletpoints:
  • Employers who seek to comply with the voluntary program is indemnified from litigation for damages arising from the adoption of a suitable drug and alcohol testing policy, subject to the provisions of the law.
  • Drug and alcohol impairment testing of employees, as required by their employers, are considered work time for the purpose of administering compensation and benefits.
  • Employers may specify drug testing for prospective employees as part of their policy and shall inform their prospective employees of the same.
  • Employers are allowed to conduct random drug testing on employees.
  • All actual costs of drug and alcohol impairment testing for current and prospective employees are to be paid by employers. For current employees, a reasonable transportation cost shall also be paid by the employer if the testing facility is not located at the employee’s normal work site.
  • On-site testing is not prohibited but neither is it required. With on-site testing, only test kits approved by the Food and Drugs Administration may be used, which may be administered only by a qualified test administrator duly certified by the test manufacturer.
  • Only temporary employment actions may be enforced against employees with unconfirmed positive on-site test results. If confirmatory tests come up with a negative result or is demonstrated to be a direct result of prescribed or lawful non-prescription drugs, full wages and benefits must be reinstated in favor of the employee.
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