HB 422-WORKERS' COMPENSATION:DRUGS & ALCOHOL CHAIRMAN ROKEBERG announced the next order of business would be HOUSE BILL NO. 422, "An Act relating to workers' compensation benefits for injuries resulting from consumption of alcohol or use of drugs; and providing for an effective date." Number 1924 CHAIRMAN ROKEBERG explained that HB 422 is a housekeeping bill that tightens up definitions in an existing statute pertaining to the effects of the consumption of alcohol or the use of drugs with respect to making a claim under workers' compensation benefits. Under AS 23.30.080(a), the definition of "intoxication" has been replaced with "consumption of an alcoholic beverage". He referred to Section 2 of HB 422, which relates to an injury not being proximately caused by the consumption of an alcoholic beverage. He commented that it is difficult to prove intoxication and, therefore, the language needed to be changed. In addition, in Sections 2 and 3, the language "employee's use" replaces "employee being under the influence" of drugs. He said this bill ratifies the zero-drug policy that has been discussed. REPRESENTATIVE BRICE said: I can see a situation where you're going to be required to show up on the job, maybe not a construction job, any type of job, under, say, the influence of Percodan, and you've had your wisdom teeth, or something, pulled... CHAIRMAN ROKEBERG said that type of situation is not included in the bill. The bill pertains to controlled substances and not those that are prescribed by a physician. REPRESENTATIVE HALCRO pointed out that page 2, line 23, states "unless the drugs were taken as prescribed by the employee's physician". Number 2123 PAUL GROSSI, Director, Division of Workers' Compensation, Department of Labor and Workforce Development, came forward to testify on HB 422. He said the department does not oppose the bill because it cleans up the current language. CHAIRMAN ROKEBERG said the issue should not be whether or not the person is intoxicated. The issue should be whether or not the person is drinking or using drugs at the time an injury is claimed. REPRESENTATIVE HALCRO made a motion to move HB 422 out of committee with individual recommendation and the attached fiscal note. There being no objection, HB 422 moved from the House Labor and Commerce Standing Committee.