NCJ Number
197207
Date Published
1999
Length
24 pages
Annotation
This paper examines Alaska's 1997 Drug and Alcohol Testing by Employers statute.
Abstract
In September 1997, the Alaska legislature joined an increasing number of States in passing legislation designed to facilitate the use of employee drug testing by private employers. The statute provides guidelines for drug testing procedures while protecting employers from liability for both adverse employment actions taken on the basis of drug testing results and inappropriate disclosure of an employee's confidential information. The employer is entitled to the protections of the statute as long as the specified procedures are followed. The statute allows employers to drug test for any job-related purpose consistent with business necessity. Neither the Alaska Constitution nor the U.S. Constitution has been found by the courts to protect the privacy rights of employees in the private sector who are subject to drug testing. In examining studies that purport to show that the problem of drug abuse significantly impacts the workplace, this paper concludes that the methodologies and findings are flawed, such that it is difficult to accept at face value the need for drug testing in the workplace, particularly considering the invasion of privacy that such testing entails. The author concludes that until scientifically reliable studies generated by non-government sources show an actual need for drug testing of employees, employers should continue to rely on their own good judgment as to whether employees are performing at acceptable levels, instead of resorting to drug testing only because it is legally acceptable. Employees who object to drug testing are encouraged to exercise their rights to find employment that does not require such tests. 203 footnotes