For employers in Alaska, there are endless concerns about relations with employees and ensuring everyone is treated fairly while maintaining a basic workplace protocol. Part of having rules for employees is to ensure everyone is prepared to work, can do their jobs and they and their colleagues are safe. An issue that can hinder safety, productivity and a functioning workplace is if employees are under the influence of alcohol or drugs.
To mitigate that and address employees who might violate the rules, some employers want to implement testing procedures. However, employees might complain about being tested and facing repercussions on the job if they are found to have been using drugs or alcohol when they were not supposed to. This is a hotly contested issue and employers must be protected from legal claims if they want to implement policies on these issues.
Employers must follow the law when testing employees
It is essential for employers to understand the rules when they are implementing employee drug and alcohol testing procedures. As a condition of employment, the employer can have testing to see if the employee is impaired by alcohol or drugs.
Since the test needs to be trustworthy when making an employment decision, the employer can also take steps to ensure that the test is done in such a way that the sample will be accurate. The employee will be expected to give a breath or urine sample and to show identification to the tester. The employer also has the right to say what type of sample will be used for the test.
In general, employers can request the tests be taken during the employee’s work time, immediately before they start or immediately after they finish. The testing itself is considered work time so they can be paid. The employer pays for the testing.
When the testing is a condition of employment, the employee cannot bring any type of action for asking for the test or conducting it. When employees face repercussions at work based on the test, they cannot file a claim about it. For example, if the employer made clear that being under the influence of alcohol or drugs while on the job was cause for termination, suspension or another adverse action, then the employee will not have the basis for a legal claim.
Employers can implement policies and be protected
As long as employers are adhering to the law and are clear in their standards when putting drug and alcohol testing in effect, they can be protected from legal claims by employers. However, there are still issues with knowing precisely how the law works in these matters and what circumstances could present a legal challenge for employers who are confronted by claims of wrongdoing.
In these situations, it is imperative to be prepared from the start and to know what can and cannot be done under state employment law. Having help that is immersed in the Alaska community, understands the culture and its residents can be helpful to employers large and small with drug and alcohol testing of employees.