Title 23 — Labor and Workers' Compensation
12 chapters · 505 sections in this title.
AS 23.10.380 Right to return transportation.
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(a) An employer who furnishes, finances, agrees to furnish or finance, or in any way provides transportation for a person from the place of hire to a point inside or outside the state to employ the person shall provide the person with return transportation to the place of hire fr…
AS 23.10.385 Enforcement by civil action.
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(a) The department may take a written assignment of a right of action provided by AS 23.10.380, and may prosecute the action. The department may join various employees in one claim and in case of suit may join them in one action. (b) The general provisions of law respecting wage …
AS 23.10.390 Construction of contracts.
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AS 23.10.375 — 23.10.400 are considered a part of every contract of hire involving transportation of an employee to and from this state or from one part of the state to another.
AS 23.10.395 Orders and regulations.
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The department may issue orders and adopt regulations necessary to carry out AS 23.10.375 — 23.10.400.
AS 23.10.400 Penalty.
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Article 6. Employment in Underground Mines. An employer who violates AS 23.10.375 — 23.10.400 is, in addition to any civil liability, guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $1,000.
AS 23.10.405 Legislative declaration of hazard.
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Employment in underground coal mines, underground lode mines, underground placer mines, in underground coal, lode, or placer workings, or in all other underground mines or workings is injurious to health and dangerous to life and limb.
AS 23.10.410 Limitation on period of employment in underground mines and requirement for pay for certain work.
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(a) Except as provided in (d) — (f) of this section, a miner may not be employed in an underground mine or workings for more than 10 hours in 24 hours, except on a day when a change of shift is made. The 10-hour limitation applies only to work actually performed at the mine face …
AS 23.10.415 Penalties.
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(a) A person who, whether as principal or agent, employs a person in violation of the provisions of AS 23.10.410 is guilty of a misdemeanor, and upon a first conviction is punishable by a fine of not less than $100 nor more than $500, or by imprisonment in a jail for not less tha…
AS 23.10.420 Train crews. [Repealed, § 1 ch 40 SLA 1983.]
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Article 7. Employee Rights.
AS 23.10.430 Access to personnel files.
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(a) An employer shall permit an employee or former employee to inspect and make copies of the employee's personnel file and other personnel information maintained by the employer concerning the employee under reasonable rules during regular business hours. The employer may requir…
AS 23.10.440 Posting of information on sexual harassment. [Repealed, § 2 ch 65 SLA 1992.]
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[Repealed or reserved.]
AS 23.10.450 Employee rights to avoid speech.
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(a) An employer, either personally or through an agent or representative, may not take or threaten to take adverse employment action against an employee because that employee refuses to: (1) attend an employer-sponsored meeting, the primary purpose of which is to communicate the …
AS 23.10.490 [Renumbered as AS 23.10.450]
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Article 8. Drug and Alcohol Testing by Employers. Sec. 23.10.500. — 23.10.550. [Renumbered as AS 39.20.500 — 39.20.550.]
AS 23.10.600 Employer protection from litigation.
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(a) If an employer has established a drug and alcohol testing policy and initiated a testing program under AS 23.10.600 — 23.10.699, a person may not bring an action for damages against the employer for (1) actions in good faith based on the results of a positive drug test or alc…
AS 23.10.610 Limits on causes of action for disclosures.
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A person may not bring an action for defamation of character, libel, slander, or damage to reputation against an employer who has established a program of drug testing or alcohol impairment testing under AS 23.10.600 — 23.10.699 if the action is based on drug or alcohol testing u…
AS 23.10.615 Employer's compliance voluntary.
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Compliance with AS 23.10.600 — 23.10.699 by employers is voluntary.
AS 23.10.620 Employer policy.
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(a) Under AS 23.10.600 — 23.10.699, an employer may only carry out the testing or retesting for the presence or evidence of use of drugs or alcohol after adopting a written policy for the testing and retesting and informing employees of the policy. The employer may inform employe…
AS 23.10.630 Collection of samples.
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(a) An employer may test an employee for the presence of drugs or for alcohol impairment. An employer may test a prospective employee for the presence of drugs. (b) In order to test reliably, an employer may require an employee or prospective employee to provide a sample of the i…
AS 23.10.640 Testing procedures.
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(a) Sample collection and testing for alcohol impairment and drugs under AS 23.10.600 — 23.10.699 shall be performed under reasonable and sanitary conditions. The person collecting samples shall document the sample, including labeling the sample to preclude to the extent reasonab…
AS 23.10.645 On-site testing.
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(a) An employer may include on-site drug and alcohol tests of employees and prospective employees as part of the employer's drug and alcohol testing policy under AS 23.10.600 — 23.10.699. In on-site testing under this section, an employer may only use products approved by the Foo…
AS 23.10.650 Training of test administrators.
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(a) Each employer shall ensure that at least one designated employee receives at least 60 minutes of training on alcohol misuse and at least an additional 60 minutes of training on the use of controlled substances. The training will be used by the designee to determine whether re…
AS 23.10.655 Disciplinary procedures.
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(a) An employer may take adverse employment action based on (1) a positive drug test or alcohol impairment test result that indicates a violation of the employer's written policy; (2) the refusal of an employee or prospective employee to provide a drug testing sample; or (3) the …
AS 23.10.660 Confidentiality of results; access to records.
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A communication received by an employer relevant to drug test or alcohol impairment test results and received through the employer's testing program is a confidential and privileged communication and may not be disclosed except (1) to the tested employee or prospective employee o…
AS 23.10.670 Effect of mandatory testing obligations.
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An employer who is obligated by state or federal requirements to have a drug testing or alcohol impairment testing policy or program shall receive the full benefits of AS 23.10.600 — 23.10.699 even if the required policy or program is not consistent with AS 23.10.600 — 23.10.699,…
AS 23.10.699 Definitions.
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In AS 23.10.600 — 23.10.699, (1) “alcohol” means ethanol, isopropanol, or methanol; (2) “drug testing” means testing for evidence of the use of a drug; (3) “drugs” means a substance considered unlawful under AS 11.71 or the metabolite of the substance; (4) “employee” means a pers…