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Easier And Less Invasive Drug and Alcohol Testing Method Becomes Law
Nikiski, AK - On Tuesday, July 30, 2024, Governor Dunleavy signed SB 196 into law, providing a simpler way to conduct drug and alcohol testing of employees when necessary. Sponsored by Senator Jesse Bjorkman through the Labor and Commerce Committee that he chairs, the bill would add saliva or “oral fluids” to the samples an employer may collect for testing.
“No one likes the thought of being drug tested, but this new option of testing saliva provides a faster, easier, and less invasive method for employers to check if employees are under the influence of drugs and alcohol on the job,” said Senator Jesse Bjorkman, R-Nikiski. “This method doesn’t require access to a restroom to collect the sample and it makes it far less awkward to confirm the sample is from the person being tested.”
Under AS 23.10.620(c), employees may not bring suit against an employer related to drug and alcohol testing or any subsequent employment actions if the employer is following the law, their internal written testing policy, and acting in good faith. The statute currently covers collection and testing of urine or breath samples, and Senate Bill 196 would add oral fluids to the list.
While urine tests provide evidence of the use of a drug over a longer window of time, oral fluids can show the presence of drugs in a person’s system more quickly and at lower concentrations for some substances. In addition to an easier collection process, oral fluid testing may also be lower in cost for the employer than other methods. Together, these attributes could allow for more frequent testing leading to greater on-the-job safety for employees, their coworkers, and members of the public.
The United States Department of Transportation promulgated regulations in 2023 allowing employers to collect and test oral fluid samples for commercial driver’s license holders, and requiring the use of oral fluid testing for transgender and non-binary people as same-gender observers are required for urine sample collections. Public comment on the regulations package suggests that the option for oral fluid testing will be very well received by employees in addition to the benefits it provides to employers.
Alaska Chamber of Commerce, The Alliance, AOGA, RDC, Alaska Power Association, and Alaska Telecom Association submitted letters in support of the legislation.
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