00                            SENATE BILL NO. 196                                                                         
01 "An Act relating to drug and alcohol testing by employers."                                                             
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 23.10.620(c) is amended to read:                                                                   
04 (c)  An employer may require the collection and testing of a sample of an                                               
05 employee's or prospective employee's urine, oral fluid, or breath for any job-related                               
06 purpose consistent with business necessity and the terms of the employer's policy,                                      
07       including                                                                                                         
08                 (1)  investigation of possible individual employee impairment;                                          
09                 (2)  investigation of accidents in the workplace; an employee may be                                    
10 required to undergo drug testing or alcohol impairment testing for an accident if the                                   
11 test is taken as soon as practicable after an accident and the test is administered to                                  
12 employees who the employer reasonably believes may have contributed to the                                              
13       accident;                                                                                                         
14                 (3)  maintenance of safety for employees, customers, clients, or the                                    
15       public at large;                                                                                                  

01                 (4)  maintenance of productivity, the quality of products or services, or                               
02       security of property or information;                                                                              
03                 (5)  reasonable suspicion that an employee may be affected by the use                                   
04       of drugs or alcohol and that the use may adversely affect the job performance or the                              
05       work environment.                                                                                                 
06    * Sec. 2. AS 23.10.630(b) is amended to read:                                                                      
07 (b)  In order to test reliably, an employer may require an employee or                                                  
08 prospective employee to provide a sample of the individual's urine, oral fluid, or                                  
09 breath and to present reliable individual identification to the person collecting the                                   
10       sample. Collection of the sample must conform to the requirements of AS 23.10.600 -                               
11       23.10.699. The employer may designate the type of sample to be used for testing.                                  
12    * Sec. 3. AS 23.10.699(9) is amended to read:                                                                      
13                 (9)  "sample" means urine, oral fluid, or breath from the person being                              
14       tested.