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Alaska Drug Testing Compliance

Capital Juneau Population 741,894
Largest city Anchorage
Area 663,268 sq mi
Criminal rate 80 crimes /10,000 people Time Zone UTC -9/-8

Alaska Employee Background Check Laws

Alaska

Legal status for workplace drug screening and alcohol testing

Our intent is to make Alaska drug testing compliance and alcohol testing compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Alaska.

Alaska is an “open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice however, there may be federal rules to consider that may restrict your program in other ways.

This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy from Alaska.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Testing must be done for all employees, including management. Pre-employment testing must be post-offer. Random testing is limited to safety-sensitive positions. Post-Accident is limited to those believed to have contributed to causing the accident.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Drugs with SAMHASA-established cut-off levels at a minimum.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: SAMHSA, CAP, American Assn. of Clinical Chemists.
Q7: What types of specimens can we test for?
A: Urine or Breath only.
Q8: Are there restrictions for Alcohol Testing?
A: Permitted for employees; not permitted for applicants.

Did you know?

Q1. As an Alaska employer do I need to provide reasonable accommodation to a certified medical marijuana patient?

Answer is “No”.

Per Sec. 17.38.220

Nothing is intended to 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.

 Correct!

Alaska Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing. Since there are no known state statutes, regulation, or court decisions  in this state, you may be free, within the limits of applicable federal rules, to draft any policy you wish and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: November 21, 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Alaska Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Alaska personal and medical use of marijuana.

Medical Use: Ballot Measure 8 was approved Nov. 3, 1998 by 58% of voters and became effective: Mar. 4, 1999. This law, entitled Medical Uses of Marijuana for Persons Suffering from Debilitating Medical Conditions Act, removed state-level criminal penalties for the use, possession, and cultivation of marijuana by individuals who possess written documentation from their physician advising that they "might benefit from the medical use of marijuana."

Personal Use: On November 4, 2014, Ballot entitled An Act to Tax and Regulate the Production, Sale, and Use of Marijuana, passed with 53.23% of the vote. The law made the use of marijuana legal for persons 21 years of age or older. It also allowed a person to possess, use, show, buy, transport, or grow set amounts of marijuana, with the growing subject to certain restrictions.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Update: November 21, 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

None at this time

None at this time

N/A

None at this time

Update: November 21, 2017

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