03/08/2024 01:30 PM Senate LABOR & COMMERCE

            SB 196-EMPLOYER DRUG AND ALCOHOL TESTING                                                                        
                                                                                                                                
1:36:59 PM                                                                                                                    
CHAIR  BJORKMAN announced  the consideration  of  SENATE BILL  NO.                                                              
196, "An Act relating to drug and alcohol testing by employers."                                                                
                                                                                                                                
1:37:10 PM                                                                                                                    
LAURA  ACHEE,   Staff,  Senator   Jesse  Bjorkman,   Alaska  State                                                              
Legislature,  Juneau, Alaska, presented  SB 196  on behalf  of the                                                              
Senate Labor and  Commerce Standing Committee. She  explained that                                                              
Alaskan  employers  are  protected from  litigation  when  testing                                                              
employees  for drug  and alcohol  use,  provided that  there is  a                                                              
written  policy  in  place  that  meets  state  requirements.  The                                                              
policy  must be  posted  and followed.  She  said that  currently,                                                              
employers are able  to test an employee's urine or  breath for the                                                              
presence  of drugs  or alcohol.  SB  196 would  add "oral  fluids"                                                              
(saliva)  to  the   statute,  thus  allowing  employers   to  test                                                              
employees  saliva  for drugs  or  alcohol  and be  protected  from                                                              
litigation. She  stated that this  change was recommended  because                                                              
saliva  testing is  preferrable over  breath or  urine testing  in                                                              
certain situations.  She explained  that it  does not  require the                                                              
use of a restroom,  as urine collection does.  Additionally, there                                                              
is  greater  confidence as  to  the  authenticity of  the  sample,                                                              
because  sample  collection  can  be  observed.  She  stated  that                                                              
saliva  samples can  show  the presence  of  a  drug more  quickly                                                              
after its  use compared to urine  samples. She noted  that various                                                              
organizations in  a variety of industries have  written letters in                                                              
support of SB 196.                                                                                                              
                                                                                                                                
1:40:09 PM                                                                                                                    
TAIHYA  THOMAS,  Human  Resources Manager,  Barrow  Utilities  and                                                              
Electric   Cooperative,  Inc.,   Barrow,   Alaska,  testified   by                                                              
invitation   on   SB  196.   She   expressed  support   for   this                                                              
legislation.  She explained  that  Barrow  Utilities and  Electric                                                              
Cooperative, Inc.  (BUECI) provides electric, natural  gas, water,                                                              
and  sewer service  in  a place  where service  interruptions  can                                                              
quickly  become  life  or death  situations.  She  emphasized  the                                                              
challenging  jobs  faced by  employees  and stated  that  employee                                                              
safety is of highest  priority. In order to keep  the public safe,                                                              
BUECI  relies  on  pre-hire, random,  and  for-cause  testing  for                                                              
drugs  and  alcohol.  She  said  that  some  of  this  testing  is                                                              
required by  federal commercial  vehicle operator and  natural gas                                                              
pipeline  operator  laws. She  said  that,  in addition  to  this,                                                              
BEUCI  requires certain  safety-sensitive positions  to submit  to                                                              
testing.  She  pointed  out  that   Barrow,  Alaska  is  a  remote                                                              
location  and it  can be  difficult to  access testing  providers.                                                              
She  said that  recently,  BEUCI's  testing provider  closed  down                                                              
unexpectedly,  and  they  were  left  scrambling  to  find  a  new                                                              
testing  provider.  She  said  noted   that  during  the  Covid-19                                                              
pandemic,  BEUCI  struggled to  find  testing providers  who  were                                                              
willing and  able to  travel to their  community. This  left BEUCI                                                              
supervisors with  the task of  collecting, labeling,  and shipping                                                              
urine samples  for testing  - an uncomfortable  job that  they did                                                              
not  sign  up  for.  She stated  that  oral  fluid  testing  would                                                              
provide a better  option for rural employers, because  it does not                                                              
require  the privacy  that urine  collection  requires -  it is  a                                                              
flexible option  that can be  done in the  field or in  an office.                                                              
In addition, because  oral fluids are collected by  the tester, it                                                              
is much more difficult to cheat (unlike with a urine test).                                                                     
                                                                                                                                
1:43:38 PM                                                                                                                    
MS.  THOMAS  reiterated that  BEUCI  is  in  favor of  oral  fluid                                                              
testing.  She said  that  once oral  fluid  testing becomes  fully                                                              
approved  for commercial  driver's  license  (CDL) holders,  BEUCI                                                              
plans  to   meet  with  employees   and  representatives   of  the                                                              
International  Brotherhood of Electrical  Workers (IBEW)  to fully                                                              
switch  to  oral  fluid  testing.  In addition  to  being  a  more                                                              
comfortable  method of  testing, it  will potentially  be a  cost-                                                              
saving switch. She  said that BEUCI's legal council  has indicated                                                              
that BEUCI has  significant legal protection under  Alaska's "safe                                                              
harbor"  drug and  alcohol  testing law.  She  explained the  ways                                                              
BEUCI ensures  compliance with the  safe harbor law  requirements.                                                              
She stated  that oral fluid  testing did  not exist when  the safe                                                              
harbor law  was passed; therefore,  the law does not  include this                                                              
form  of testing.  SB  196 would  expand the  safe  harbor law  to                                                              
include oral fluid testing.                                                                                                     
                                                                                                                                
1:45:51 PM                                                                                                                    
ANDY   LEMAN,   General   Counsel,   Alaska   Power   Association,                                                              
Anchorage,  Alaska, testified  by invitation  on SB  196. He  said                                                              
that the  gist of the issue  had already been discussed  and added                                                              
that he was available for questions.                                                                                            
                                                                                                                                
1:46:40 PM                                                                                                                    
CHAIR BJORKMAN  opened public testimony  on SB 196;  finding none,                                                              
he held public testimony open.                                                                                                  
                                                                                                                                
1:47:14 PM                                                                                                                    
CHAIR BJORKMAN held SB 196 in committee.