Workplace Drug Testing Laws in Alaska

Workplace drug testing laws in Alaska do not require or prohibit alcohol or drug testing. However, employers can choose to execute workplace drug testing policies. Alaska drug testing compliance with these programs protects the employer from future lawsuits. If you're looking to order a drug test today, individuals and employers can register online or call (888) 378-2499 to order tests.

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Alaska Drug Testing Compliance

Conditional Alaska Drug Testing Laws

Drug Test Issue Remarks
Recreational Marijuana Recreational marijuana is legal for Alaska residents ages 21 and up. The Regulation of Marijuana Act does not stop employers from developing policies against marijuana use, and Alaska employers can take adverse actions based on a positive marijuana test.
Medical Marijuana
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The Alaska Medical Uses of Marijuana Act allows for certain individuals to become registered patients, permitting the use of medical marijuana for medical reasons.
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Employers in Alaska must be sure their drug testing policies do not discriminate against employees with disabilities. Employers must use caution when taking adverse employment actions based on a positive marijuana test for patients that use marijuana while not in the workplace.
Random Testing Employers may choose to administer random drug testing to employees as long as the selection of employees is fair and each employee has an equal chance at being selected for testing.
Workers Comp
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An employer may drug test to investigate an accident or injury in the workplace, per the employer's policy.
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There is no workers' compensation insurance discount offered to employers that have a drug-free workplace policy.
Substances Screened
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Drugs with SAMHSA cut-off levels are tested. These include marijuana, cocaine, opiates, ampheta­mines, MDMA, and PCP.
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If employers screen for other substances, employees must have notice of the substances and cut-off levels.
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A full list of substances screened in Alaska can be seen in Alaska Statutes Title 11, Chapter 71.
Testing for Alcohol Employers in Alaska have the discretion to test job applicants for alcohol and drugs, provided it aligns with job-related purposes and is consistent with business necessity as well as the employer’s policies.

Alaska Drug Testing Laws With Restrictions

Drug Test Issue Remarks
Instant or POCT Testing
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Testing must be done with an FDA-cleared device.
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Positive tests must be confirmed with GC-MS.
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The employee must be provided with a written record of the test results.
Specimens Tested Workplace drug testing laws in Alaska only allow samples from urine and blood.
Laboratories Alaska drug tests must be performed in laboratories certified by the American Assn. of Clinical Chemists, SAMHSA, or CAP, when not using on-site kits.

Frequently Asked Questions

Does the state of Alaska drug test?

There are no workplace drug testing laws in Alaska that encourage or prohibit employers from drug testing, but employers may choose to participate in workplace drug testing programs. Employers are legally protected by complying with these programs.

What states have mandatory drug testing?

Each state has its own laws regarding drug testing. "Open" states have no guidelines on drug testing, and other states have mandatory requirements regarding employee drug testing laws. Examples of these states include Oklahoma, North Carolina, Hawaii, and Maine.

Other Services We Provide in Alaska

If you're looking for drug testing information related to a specific city in the state of Alaska, try taking a look at our Alaska clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.

We also offer Alaska Background Checks. For more information, visit our Alaska background check page.

This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.

Citations

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"Alaska Employment Law – Drug and Alcohol Testing, RISQ Consulting, 27 February 2019, https://risqconsulting.com/alaska-employment-law-drug-and-alcohol-testing/
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"Analytes and Their Cutoffs." SAMHSA, https://www.samhsa.gov/sites/default/files/workplace/2010GuidelinesAnalytesCutoffs.pdf
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"Alaska Statutes Title 23. Labor and Workers' Compensation § 23.10.620. Employer policy." FindLaw, 1 January 2020, https://codes.findlaw.com/ak/title-23-labor-and-workers-compensation/ak-st-sect-23-10-620.html
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"Drug and Alcohol Testing Laws by State." EHS Daily Advisor, BLR, http://interactive.blr.com/Global/FileLib/Drug_Testing_Seminar/39318_DrugTesting_Report_EHSDA.pdf
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"Chapter 17.38 The Regulation of Marijuana." State of Alaska Department of Commerce, Community, and Economic Development, https://www.commerce.alaska.gov/
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"SB 94: 'An Act relating to the medical use of marijuana; and providing for an effective date.'" The Alaska State Legislature, https://www.akleg.gov/basis/Bill/Text/21?Hsid=SB0094A
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Workplace Drug Testing Laws for Alaska. DOT Certifications, Reasonable Suspicion, & Skills Training. (n.d.). https://worktraining.com/faq/alaska-workplace-drug-testing-laws
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Drug testing laws in employment: 50-state survey. Justia. (2023, May 23). https://www.justia.com/employment/employment-laws-50-state-surveys/drug-testing-laws-in-the-workplace-50-state-survey/
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Oral fluid drug testing laws by State. DISA. (n.d.). https://disa.com/oral-fluid-testing-state-laws
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Alaska Statutes Title 23. labor and workers' compensation § 23.10.430 ... (n.d.-d). https://codes.findlaw.com/ak/title-23-labor-and-workers-compensation/ak-st-sect-23-10-430/
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Drug Testing Resources. SAMHSA. (n.d.-i). https://www.samhsa.gov/workplace/drug-testing-resources