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Alaska - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Alaska

Instant or POCT Testing

Not Allowed

All initial and confirmation testing must take place in a laboratory.

Drug Panels

No Restrictions

Laboratory

Certification Required

CAP or SAMHSA

Medical Review Officer

Required

Random Testing

Possible Restrictions

Case law may limit random testing to safety-sensitive employees.

Post-Accident

No Restrictions

Reasonable Suspicion

No Restrictions

Oral Fluids

Restrictions

Voluntary law does not allow oral fluids.

Hair Testing

No Restrictions

Unemployment Denial

Yes

SAMHSA Lab Required. Address in company policy employee is disqualified from receiving benefits if he or she was discharged for misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes

Alaska Statute 23.30.235 - Cases in Which No Compensation is Payable: proximately caused by intoxication of the injured employee or proximately caused by the employee being under the influence of drugs unless the drugs were taken as prescribed by the employee's physician.

Medical Marijuana

Yes

Alaska Statute. 17.37.040(d) - Nothing in this chapter requires any accommodation of any medical use of marijuana (1) in any place of employment;

Recreational Marijuana

Yes

Recommend drug testing for marijuana only with a strong written drug free workplace policy. The law does not require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of marijuana by employees. See 5 steps below.

Report Driver DOT Positives

No

General Statute

Voluntary law provides for limited legal protections - § 23.10.620.