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ALASKA DRUG TESTING LAW. Alaska's drug testing law does not require any employers to conduct workplace drug or alcohol testing. Instead, it establishes guidelines that employers in the state may follow to gain protection against certain lawsuits related to testing they conduct.
The United States Constitution does not prohibit drug testing of employees.
Drug testing may "provide employers with a periscope through which they can peer into an individual's behavior in her private life, even in her own home. . . ."5 For all of these reasons, the Supreme Court has found that urine testing, like blood testing, constitutes a search under the Fourth Amendment.
Invasion of Privacy Challenges to workplace drug testing policies on grounds that they violate employees' privacy have not been successful. But while drug testing itself usually does not violate an individual's rights, the manner in which the test was conducted (or its results utilized) may sometimes cross the line.
(a) When, as the MRO, you receive a confirmed positive, adulterated, substituted, or invalid test result from the laboratory, you must contact the employee directly (i.e., actually talk to the employee), on a confidential basis, to determine whether the employee wants to discuss the test result.
Earls, 536 U.S. 822 (2002), was a United States Supreme Court case in which the Court upheld the constitutionality of mandatory drug testing by public schools of students participating in extracurricular activities.
The drug test was a violation of petitioner's right to privacy and right against self-incrimination.
ALASKA DRUG TESTING LAW. Alaska's drug testing law does not require any employers to conduct workplace drug or alcohol testing. Instead, it establishes guidelines that employers in the state may follow to gain protection against certain lawsuits related to testing they conduct.
For most privately-owned companies, previous employers may not disclose the results of a drug test on a background check. For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it.
If an initial drug test is negative, the findings are confirmed and the results are sent to the employer. If the initial drug test is positive, the MRO will contact the donor to see if they are on any medications or have any other legitimate medical explanation for the positive result (usually within 24 hours).