Sponsor Statement for HB 207

Drug and Alcohol Testing Programs

Problem: The use of psychoactive drugs--including alcohol, prescription and over-the-counter drugs--may affect safety and productivity in the workplace. To address these concerns, many employers have instituted alcohol and drug use testing programs. Though more than 53,000 Alaskans are being tested, there is no state policy establishing test guidelines for employers or employees.

Solution: HB 207 establishes guidelines for employers to voluntarily test employees and prospective employees for drug or alcohol use. HB 207 does not mandate drug or alcohol testing. Instead it provides employers who comply with the provisions of the bill limited immunity from litigation. Specifically, a civil action could not be filed against an employer who complies with the new law for: a) actions taken in good faith as a result of a positive drug or alcohol test; b) failure to test for drugs or alcohol, or failure to test for a specific drug; c) failure to detect a specific drug; or, d) terminating or suspending a drug or alcohol prevention program or policy.

HB 207 establishes a policy stating that prevention programs should be implemented in a fair, consistent, and equitable manner with due consideration of the rights, responsibilities, and privacy interest of all concerned parties.

The benefits that could accrue from this legislation are: a) early identification of drug or alcohol abuse, which could reduce the tragic consequences of injury to the user, co-workers, and/or family of the user; b) a more profitable and safer business environment by reducing the mistakes, poor performance, and accidents associated with drug and alcohol abuse; and c) fewer legal actions filed against employers who may terminate drug and alcohol abusers.

I would appreciate your support of HB 207.