reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 9 - Alabama Workmen's Compensation Self-Insurers Guaranty Association. › Section 25-5-251 - Membership Requirements.

Section 25-5-251
Membership requirements.
(a) All employers who elect to be self-insurers for workers' compensation as provided in Article 1, other than self-insurers which are governmental entities, or public utilities, shall be members of the association as a condition of their authority to self-insure. Membership shall be sufficient security for self-insurance.
(b) Membership in the association shall cease when the employer terminates its self-insurance election. However, terminating members shall be and remain liable for the period of time in which they were members of the association and for any subsequent assessments made for that period.
(c) Membership in the association may be terminated for nonpayment of assessments.
(d) The association shall not issue stock and its members shall not, as such, be liable for its obligations.
(Acts 1989, No. 89-533, p. 1092, §2; Acts 1992, No. 92-537, p. 1082, §36.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 9 - Alabama Workmen's Compensation Self-Insurers Guaranty Association. › Section 25-5-252 - Board of Directors; Eligibility; Length of Term; Vacancies; Reimbursement; Registered Agent.

Section 25-5-252
Board of directors; eligibility; length of term; vacancies; reimbursement; registered agent.
The affairs of the association shall be managed by a board of directors which shall consist of nine persons appointed by the Secretary of the Department of Labor. To be eligible for appointment, a person must be an owner, employee, or agent of a member self-insurer, and should be experienced in the field. In the initial appointments, four directors shall be appointed for a two year term and five shall be appointed for a four-year term. Subsequent terms shall be for a period of four years. Vacancies on the board shall be filled for the unexpired portion of the term in the same manner. Directors shall be entitled to no compensation for their services as such, but shall be entitled to reimbursement from the association of expenses incurred in carrying out their duties. The board of directors shall designate a registered office and appoint a registered agent and shall continuously maintain the same, and shall file with the Secretary of State a certification thereof.
(Acts 1989, No. 89-533, p. 1092, §3.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 9 - Alabama Workmen's Compensation Self-Insurers Guaranty Association. › Section 25-5-253 - Bylaws.

Section 25-5-253
Bylaws.
(a) Within 120 days after their appointment, the board of directors shall propose to the Secretary of the Department of Labor a set of bylaws for the operation and administration of the association. The bylaws shall not be effective until approved by the Secretary of the Department of Labor. If the board of directors fails to submit bylaws or if the Secretary of the Department of Labor does not approve the submitted bylaws, then the Secretary of the Department of Labor may promulgate, subject to the provisions of the Administrative Procedure Act, appropriate rules and regulations for the administration of the association.
(b) The bylaws may be amended from time to time by proposal of the board of directors approved by the Secretary of the Department of Labor.
(c) The bylaws shall contain:
(1) Provisions governing the administration of the association.
(2) Provisions governing managing the assets of the association and its financial record keeping.
(3) Procedures by which claims may be filed with the association.
(4) Provisions for the times and places for call of and conduct of meetings of the board of directors.
(5) Procedures for terminating the membership of a member who does not pay assessments when due.
(6) Procedures for recommendations by members of candidates for the board of directors for submission to the Secretary of the Department of Labor.
(7) Such additional provisions as are necessary or proper for carrying out the purposes of the association.
(Acts 1989, No. 89-533, p. 1092, §4.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 9 - Alabama Workmen's Compensation Self-Insurers Guaranty Association. › Section 25-5-254 - Annual Assessments for Administration of Association.

Section 25-5-254
Annual assessments for administration of association.
(a) To the extent necessary to secure funds for the payment of covered claims and costs of administration, the association may levy annual assessments on members of the association at a rate not to exceed $15.00 per $1,000.00 of security amount established by the department for the respective members. Assessments shall be remitted to and administered by the association as provided in the bylaws. The rate of annual assessments against members of the association may vary by duration of membership so that the cumulative contribution rate of recently admitted members becomes the same as previously admitted members.
(b) If, at any time, the insolvency fund is not sufficient to make the payments or reimbursements then owing, the association may levy a special assessment on members of the association at a rate not to exceed $15.00 per $1,000.00 of security amount established by the department for each member, but such special assessment may not be levied more than once in each calendar year.
(c) No state funds shall be allocated or paid to the association except those funds which may accrue to the association by or through assignments of rights of an insolvent employer. All moneys in the fund shall be held in trust and shall not be money or property of the state or the participants in the association.
(Acts 1989, No. 89-533, p. 1092, §5.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 9 - Alabama Workmen's Compensation Self-Insurers Guaranty Association. › Section 25-5-255 - Insolvency Fund.

Section 25-5-255
Insolvency fund.
Upon receipt of the funds assessed on members, the association may set aside funds for the administration of its affairs, and the balance of the funds shall be deposited to an insolvency fund under the following terms:
(1) The fund is created for the purpose of assuring payment of workers' compensation claims against members of the association who become insolvent; but only those claims which accrue while the insolvent employer is a member of the association and accrue prior to the determination of insolvency or within 30 days thereafter. The obligation of the fund shall be limited to the obligation of the insolvent employer under the Workers' Compensation Act, in an amount not to exceed 150 percent of the amount of security as determined by the department as of the last annual financial review. The fund shall have all defenses of and shall be subrogated to all rights of the insolvent employer. The fund shall not be liable for any penalties or interest assessed against the employer.
(2) It shall be the duty of the Department of Labor to determine insolvency of any self-insurer employers, and to notify the association of its determination. Members and directors of the association are specifically forbidden to be given information on the financial condition of any members except the fact of determination of insolvency.
(3) The Secretary of the Department of Labor, or his representative, will at all reasonable times have full and free access to the books and records of the association and may audit the association's financial affairs as he deems necessary. Should the secretary deem the balance in the insolvency fund insufficient to meet projected liabilities, he shall inform the board of directors, and after consultation with them, he shall set the amount which he deems sufficient and the board of directors shall levy assessments as provided herein to secure that amount.
(4) The association shall be subrogated to all rights of any claimant whose claim it pays and shall have a claim against the member employer for all such claims and expenses of administration.
(5) If at any time the insolvency fund is insufficient to pay all claims then owing, the funds available shall be prorated and the unpaid portion shall be paid as soon thereafter as sufficient funds become available.
(Acts 1989, No. 89-533, p. 1092, §6.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 9 - Alabama Workmen's Compensation Self-Insurers Guaranty Association. › Section 25-5-256 - Association Subject to Examination and Regulation by Department of Labor.

Section 25-5-256
Association subject to examination and regulation by Department of Labor.
The association shall be subject to examination and regulation by the Department of Labor. No later than March 30 of each year, the board of directors shall submit a financial report for the preceding calendar year in a form approved by the department.
(Acts 1989, No. 89-533, p. 1092, §7.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 9 - Alabama Workmen's Compensation Self-Insurers Guaranty Association. › Section 25-5-257 - Assessments Deductible as Business Expenses.

Section 25-5-257
Assessments deductible as business expenses.
A member may deduct as a business expense for state income tax purposes any assessment levied under Section 25-5-254 in the year such assessments are paid.
(Acts 1989, No. 89-533, p. 1092, §8.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 10 - Insurance With Optional Deductibles. › Section 25-5-270 - Certain Employers Authorized to Purchase Insurance With Optional Deductibles.

Section 25-5-270
Certain employers authorized to purchase insurance with optional deductibles.
(a) Each insurer issuing a policy under this article shall offer, as a part of the policy or as an optional endorsement to the policy, deductibles optional to the policyholder for benefits payable under this article. Deductible amounts offered shall be fully disclosed to the prospective policyholder in writing in the amount of $100.00, $200.00, $300.00, $400.00, $500.00, or increments of $500.00 up to a maximum of $2,500.00 per compensable claim. The policyholder exercising the deductible option shall choose only one deductible amount.
(b) If the policyholder exercises the option and chooses a deductible, the insured employer shall be liable for the amount of the deductible for benefits paid for each compensable claim of work injury suffered by an employee. The insurer shall pay all or part of the deductible amount, whichever is applicable to a compensable claim, to the person or medical provider entitled to the benefits conferred by this article and then seek reimbursement from the insured employer for the applicable deductible amount. The payment or nonpayment of deductible amounts by the insured employer to the insurer shall be treated under the policy insuring the liability for workers' compensation in the same manner as payment or nonpayment of premiums.
(Acts 1991, No. 91-472, p. 856, §1.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 10 - Insurance With Optional Deductibles. › Section 25-5-271 - Optional Deductibles to Be Offered in Policy; Exception.

Section 25-5-271
Optional deductibles to be offered in policy; exception.
Optional deductibles shall be offered in each policy insuring liability for workers' compensation that is issued, delivered, issued for delivery, or renewed under this article on or after July 29, 1991, unless an insured employer and insurer agree to renegotiate a workers' compensation policy in effect on July 29, 1991, so as to include a provision allowing for a deductible.
(Acts 1991, No. 91-472, p. 856, §2.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 10 - Insurance With Optional Deductibles. › Section 25-5-272 - Premium Reduction to Be Determined Before Application of Experience Modification, Premium Surcharge, Etc.

Section 25-5-272
Premium reduction to be determined before application of experience modification, premium surcharge, etc.
Premium reduction for deductibles shall be determined before the application of any experience modification, premium surcharge, or premium discounts. To the extent that an employer's experience rating or safety record is based on benefits paid, money paid by the insured employer under a deductible as provided in this article shall not be included as benefits paid so as to harm the experience rating of such employer.
(Acts 1991, No. 91-472, p. 856, §3.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 10 - Insurance With Optional Deductibles. › Section 25-5-273 - Applicability.

Section 25-5-273
Applicability.
This article shall not apply to employers who are approved to self-insure against liability for workers' compensation or group self-insurance funds for workers' compensation established pursuant to this chapter.
(Acts 1991, No. 91-472, p. 856, §4.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 11 - Ombudsman Program. › Section 25-5-291 - Benefit Review Conferences.

Section 25-5-291
Benefit review conferences.
A benefit review conference is a nonadversarial, informal dispute resolution proceeding designed to:
(1) Explain, orally and in writing, the rights of the respective parties to a workers' compensation claim and the procedures necessary to protect those rights.
(2) Discuss the facts of the claim, review available information in order to evaluate the claim, and delineate the disputed issues.
(3) Mediate and resolve disputed issues by mutual agreement of the parties in accordance with this article and the policies of the department.
(Acts 1992, No. 92-537, p. 1082, §38.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 11 - Ombudsman Program. › Section 25-5-292 - Resolution of Disputes, Settlement Agreements; Written Reports; Interlocutory Orders; Final Determinations of Liability.

Section 25-5-292
Resolution of disputes, settlement agreements; written reports; interlocutory orders; final determinations of liability.
(a) A dispute may be resolved either in whole or in part at the benefit review conference. If the conference results in the resolution of some of the disputed issues by mutual agreement or in a settlement, the ombudsman shall reduce the agreement or the settlement to writing. The ombudsman and each party or the designated representative of the party shall sign the agreement or settlement. A settlement reached hereunder shall, unless otherwise provided herein, be effective on the date the settlement is signed unless one of the parties submits the settlement to the court for approval as provided in this article.
(b) An agreement signed pursuant to this section shall be binding on all parties through the final conclusion of all matters relating to the claim, unless within 60 days after the agreement is signed or approved the court on a finding of fraud, newly discovered evidence, or other good cause, shall relieve all parties of the effect of the agreement.
(c) If the dispute is entirely resolved at the benefit review conference, the ombudsman shall prepare a written report, which shall not be admissible into evidence in any court, that includes:
(1) A statement of each resolved issue.
(2) The ombudsman's recommendations regarding the payment or denial of benefits.
(3) No permission of the court is required by an attorney to represent any party before an ombudsman.
(d) If there is a dispute as to which of two or more insurance carriers is liable for compensation for one or more compensable injuries, the ombudsman may issue an interlocutory order directing each insurance carrier to pay a proportionate share of benefits due pending a final decision on liability. The proportionate share shall be determined by dividing the compensation due by the number of insurance carriers involved.
(e) On final determination of liability, any insurance carrier that has been determined not to be liable for the payment of benefits is entitled to reimbursement from the share paid by the insurance carrier that has been determined to be liable.
(f) The ombudsman shall file the signed agreement and the report with the Department of Industrial Relations.
(Acts 1992, No. 92-537, p. 1082, §39.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 12 - Workers' Compensation Medical Services Board. › Section 25-5-310 - Definitions.

Section 25-5-310
Definitions.
For the purposes of this article the following words and phrases have the following meanings:
(1) BOARD. The Workers' Compensation Medical Services Board.
(2) MEDICAL or MEDICAL SERVICES. Any and all medical or surgical services provided by physicians under this new article.
(3) PHYSICIAN. A doctor of medicine or doctor of osteopathy licensed to practice medicine.
(Acts 1992, No. 92-537, p. 1082, §42.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 12 - Workers' Compensation Medical Services Board. › Section 25-5-311 - Workers' Compensation Medical Services Board; Creation, Members, Functions.

Section 25-5-311
Workers' Compensation Medical Services Board; creation, members, functions.
There is established a Workers' Compensation Medical Services Board composed of five physicians licensed to practice medicine in the State of Alabama who shall be appointed by the Secretary of the Department of Labor. The initial board shall be selected from a list of 15 physicians who are members of the Medical Association of the State of Alabama, submitted by the association.
Members of the board shall serve terms of five years. In order that the appointments be staggered, one member shall serve an initial term of six years, one member shall serve an initial term of two years, one member shall serve an initial term of three years, one member shall serve an initial term of four years, and the remaining member shall serve an initial term of five years. Thereafter, successors shall be appointed by the secretary from among a list of three nominees submitted by the Medical Association of the State of Alabama to serve full five-year terms. A member of the board shall continue to serve beyond the expiration of his or her term of office until his or her successor is legally appointed. Members of the Workers' Compensation Medical Services Board shall be eligible to serve two five-year terms of office in addition to an initial or unexpired term of less than three years, but shall not serve thereafter. Members of the board shall be entitled to receive per diem at the rate of $100.00 for each day or portion thereof spent in the performance of the duties of their office, and in addition, shall be reimbursed for expenses of travel in the same manner as employees of the State of Alabama.
The Workers' Compensation Medical Services Board shall function as a part of the Department of Labor and shall have the authority, duties, and responsibilities as prescribed in this article. The board may meet quarterly at a time and place designated by the chair, and may meet more frequently at the call of the chair. The board shall elect one of its members as chair who shall serve a term of one year. The board may adopt rules governing its own proceedings. The department shall provide the board with necessary meeting and office space, secretarial and clerical support, reimbursement for travel expenses and per diem as specified in this article. Upon approval of the secretary, the Lieutenant Governor, and the Speaker of the House of Representatives, additional funding as required by the board for the employment of consultants, attorneys, and other professional staff necessary to accomplish the purposes and objectives stated in this article may be provided.
(Acts 1992, No. 92-537, p. 1082, §43.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 12 - Workers' Compensation Medical Services Board. › Section 25-5-312 - Powers and Duties of the Board.

Section 25-5-312
Powers and duties of the board.
The board shall exercise general supervision in all matters related to the provision of medical services provided by physicians, as defined in Section 25-5-310, rendered to workers under this article. The duties of the board shall include, but are not limited to, the following:
(1) Study, develop, and implement any necessary and reasonable guidelines for medical services and physician care provided by physicians. In addition, with respect to services provided by physicians, the board shall study, develop, and recommend to the secretary uniform medical criteria and policies for the conduct of utilization review, bill screenings, and medical necessity determinations for use by insurance carriers, self-insurers, and claims administrators.
(2) Study, design, and implement standardized uniform claims processing forms and forms for the reporting of medical information to employers and insurance companies by physicians.
(3) Address and give consideration to those matters referred to it by the secretary.
(4) The board shall contract with physicians, health care providers, professional associations of physicians, and health-related organizations to provide the board with consultation, and research and development expertise in discharging its duties and responsibilities under this article. Any contract entered into by the board shall be approved by the secretary and submitted as are other state contracts.
(5) The board may establish, by regulations promulgated by the department, regional committees of physicians appointed by the board to perform any duties and responsibilities specified by the board in programs established for the delivery of medical services under this article. In addition the board shall appoint board certified physicians in any of the medical or surgical specialties to act as independent expert medical consultants to the ombudsman in connection with the resolution of disputes involving physicians providing medical services to injured workers. Members of the regional committees shall be physicians and shall serve at the pleasure of the board. Physicians serving as members of the regional committees as constituted under this section or independent expert medical consultants to the ombudsman shall be granted the same immunities as provided members of the board under this article and existing state law.
(6) Implementation of this section shall be governed by and subject to the Alabama Administrative Procedure Act. Rules and regulations relating to the duties and authority of the board, enumerated herein, may be promulgated only with the consent of both the secretary and the board.
(Acts 1992, No. 92-537, p. 1082, §44.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 12 - Workers' Compensation Medical Services Board. › Section 25-5-314 - Contracts for Medical Services at Mutually Agreed Rates.

Section 25-5-314
Contracts for medical services at mutually agreed rates.
Notwithstanding any other provisions of this article to the contrary, any employer, workers' compensation insurance carrier, self-insured employer, or group fund, may contract with physicians, hospitals, and any other health care provider for the provision of medical services to injured workers at any rates, fees, or levels of reimbursement which shall be mutually agreed upon between the physician, hospitals, and any other health care provider and the employer, workers' compensation insurance carrier, self-insured employer, or group fund.
(Acts 1992, No. 92-537, p. 1082, §46.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 12 - Workers' Compensation Medical Services Board. › Section 25-5-315 - Immunity From Liability.

Section 25-5-315
Immunity from liability.
The Workers' Compensation Medical Services Board, the individual members thereof, the agents, servants, employees, consultants, or attorneys of the board, and any person, firm, or corporation contracting with the board for the specific purpose of implementing the duties, obligations, and responsibilities of the board under this article, shall each be immune from civil liability against the claims of any and all individuals, firms, corporations, institutions, or other entities for any claims of any nature whatsoever arising out of or related to the decisions, opinions, deliberations, reports, or publications which are made, rendered, or entered by the board, the individual members of the board, or the agents, servants, employees, consultants, or attorneys of the board or any person, firm, or corporation contracting with the board which decisions, opinions, deliberations, reports, or publications were made in good faith, without malice, and predicated upon information which was then available to the board.
(Acts 1992, No. 92-537, p. 1082, §47.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 12 - Workers' Compensation Medical Services Board. › Section 25-5-317 - Assessment of Pro Rata Share; Disposition of Unexpended Balance.

Section 25-5-317
Assessment of pro rata share; disposition of unexpended balance.
(a) Within 60 days after May 19, 1992, the Secretary of the Department of Labor shall assess each insurance carrier, self-insured employer, and group fund its pro rata share of the total amount of up to $4,500,000.00 according to the method set out in Section 25-5-316(d). Of the total amount, $800,000.00 shall be allocated to pay weekly benefits to the claimants of the Second Injury Trust Fund until an appropriate budget is approved in accordance with Chapter 4 of Title 41. The assessment shall be deposited into the Workers' Compensation Administrative Trust Fund and disbursed by the state Comptroller on order of the secretary.
(b) The assessment is appropriated and made available for the initial implementation costs and expenses of the workers' compensation program to fund activities not included in the general fund appropriation for fiscal year 1991-1992 and fiscal year 1992-1993, which are peculiar to this article.
(c) Any unexpended balance remaining at the end of the fiscal year will be credited to the insurance carriers and self-insured employers at the end of the next fiscal year.
(Acts 1992, No. 92-537, p. 1082, §49.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 13 - Drug-Free Workplace Program. › Section 25-5-330 - Legislative Intent.

Section 25-5-330
Legislative intent.
It is the intent of the Legislature to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work related accidents resulting from substance abuse by employees.
(Acts 1995, No. 95-535, p. 1082, §1.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 13 - Drug-Free Workplace Program. › Section 25-5-333 - Elements of Program.

Section 25-5-333
Elements of program.
(a) A drug-free workplace program shall contain all the following elements:
(1) A written policy statement as provided in Section 25-5-334.
(2) Substance abuse testing as provided in Section 25-5-335.
(3) Resources of employee assistance providers maintained in accordance with Section 25-5-336.
(4) Employee education as provided in Section 25-5-337(a).
(5) Supervisor training in accordance with Section 25-5-337(b).
(b) In addition to the requirements of subsection (a), a drug-free workplace program shall be implemented in compliance with the confidentiality standards provided in Section 25-5-339.
(Acts 1995, No. 95-535, p. 1082, §4.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 13 - Drug-Free Workplace Program. › Section 25-5-334 - Notice of Testing; Written Policy Statement.

Section 25-5-334
Notice of testing; written policy statement.
(a) One time only, prior to testing, all employees and job applicants for employment shall be given a notice of testing. In addition, all employees shall be given a written policy statement from the employer which contains all of the following:
(1) A general statement of the employer's policy on employee substance abuse which shall identify:
a. The types of testing an employee or job applicant may be required to submit to, including reasonable suspicion or other basis used to determine when the testing will be required.
b. The actions the employer may take against an employee or job applicant on the basis of a positive confirmed test result.
(2) A statement advising an employee or job applicant of the existence of this article.
(3) A general statement concerning confidentiality.
(4) The consequences of refusing to submit to a drug test.
(5) A statement advising an employee of the Employee Assistance Program, if the employer offers the program, or advising the employee of the employer's resource file of assistance programs and other persons, entities, or organizations designed to assist employees with personal or behavioral problems.
(6) A statement that an employee or job applicant who receives a positive confirmed test result may contest or explain the result to the employer within five working days after written notification of the positive test result.
(7) A statement informing an employee of the provisions of the federal Drug-Free Workplace Act, if applicable to the employer.
(b) An employer not having a substance abuse testing program in effect on July 1, 1996, shall ensure that at least 60 days elapse between a general one-time notice to all employees that a substance abuse testing program is being implemented and the beginning of the actual testing. An employer having a substance abuse testing program in place prior to July 1, 1996, shall not be required to provide a 60-day notice period.
(c) An employer shall include notice of substance abuse testing on vacancy announcements for those positions for which testing is required. A notice of the employer's substance abuse testing policy shall also be posted in an appropriate and conspicuous location on the employer's premises, and copies of the policy shall be made available for inspection by the employees or job applicants of the employer during regular business hours in the employer's personnel office or other suitable locations. All testing conducted by an employer shall be in conformity with the standards and procedures established in this article and all applicable rules adopted by the state Department of Labor pursuant to this article. Notwithstanding the foregoing, an employer shall not have a legal duty under this article to request an employee or job applicant to undergo testing.
(Acts 1995, No. 95-535, p. 1082, §5.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 13 - Drug-Free Workplace Program. › Section 25-5-336 - Employee Assistance Program or Resource File of Employee Assistance Providers.

Section 25-5-336
Employee assistance program or resource file of employee assistance providers.
(a) If an employer has an employee assistance program, the employer shall inform the employee of the benefits and services of the employee assistance program. In addition, the employer shall provide the employee with notice of the policies and procedures regarding access to and utilization of the program.
(b) If an employer does not have an employee assistance program, the employer shall maintain a resource file of providers of other employee assistance including drug and alcohol abuse programs, mental health providers, and other persons, entities, or organizations available to assist employees with personal or behavioral problems and shall notify the employee of the availability of the resource file. In addition, the employer shall post in a conspicuous place a listing of providers or employee assistance in the area.
(Acts 1995, No. 95-535, p. 1082, §7.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 13 - Drug-Free Workplace Program. › Section 25-5-337 - Semiannual Education Program; Supervisor Training.

Section 25-5-337
Semiannual education program; supervisor training.
(a) An employer shall provide all employees with a semiannual education program on substance abuse, in general, and its effects on the workplace, specifically. An education program for a minimum of one hour should include, but is not limited to, the following information:
(1) The explanation of the disease model of addiction for alcohol and drugs.
(2) The effects and dangers of the commonly abused substances in the workplace.
(3) The policies of the company and procedures regarding substance abuse in the workplace and how employees who wish to obtain substance abuse treatment can do so.
(b) In addition to the education program provided in subsection (a), an employer shall provide all supervisory personnel with a minimum of two hours of supervisor training, which includes, but is not limited to, the following information:
(1) How to recognize signs of employee substance abuse.
(2) How to document and collaborate signs of employee substance abuse.
(3) How to refer substance abusing employees to the proper treatment providers.
(Acts 1995, No. 95-535, p. 1082, §8.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 13 - Drug-Free Workplace Program. › Section 25-5-338 - Construction of Article.

Section 25-5-338
Construction of article.
(a) No physician-patient relationship is created between an employee or job applicant and an employer, medical review officer, or any person performing or evaluating a drug test solely by the establishment, implementation, or administration of a drug-testing program.
(b) Nothing in this article shall be construed to prevent an employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs, including convictions for drug related offenses, and taking action based upon a violation of any of those rules.
(c) Nothing in this article shall be construed to operate retroactively, and nothing in this article shall abrogate the right of an employer under state or federal law to conduct drug tests, or implement employee drug-testing programs. Notwithstanding the foregoing, only those programs that meet the criteria outlined in this article qualify for reduced workers' compensation insurance premiums under this article.
(d) Nothing in this article shall be construed to prohibit an employer from conducting medical screening or other tests required, permitted, or not disallowed by any statute, rule, or regulation for the purpose of monitoring exposure of employees to toxic or other unhealthy materials in the workplace or in the performance of job responsibilities. The screening or tests shall be limited to the specific materials expressly identified in the statute, rule, or regulation, unless prior written consent of the employee is obtained for other tests.
(e) No cause of action shall arise in favor of any person based upon the failure of an employer to establish or conduct a program or policy for substance abuse testing.
(Acts 1995, No. 95-535, p. 1082, §9.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 13 - Drug-Free Workplace Program. › Section 25-5-339 - Confidentiality of Information.

Section 25-5-339
Confidentiality of information.
(a) All information, interviews, reports, statements, memoranda, and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications, but may be used or received in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding, except as provided in subsection (c).
(b) Employers, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs, and their agents who receive or have access to information concerning test results shall keep all information confidential. Release of such information under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the person tested, unless the release is compelled by an agency of the state or a court of competent jurisdiction or unless deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form shall contain at a minimum all of the following:
(1) The name of the person who is authorized to obtain the information.
(2) The purpose of the disclosure.
(3) The precise information to be disclosed.
(4) The duration of the consent.
(5) The signature of the person authorizing release of the information.
(c) Information on test results shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this subsection shall be inadmissible as evidence in the criminal proceeding.
(d) Nothing contained in this article shall be construed to prohibit the employer or laboratory conducting a test from having access to employee test information when consulting with legal counsel when the information is relevant to its defense in a civil or administrative matter.
(Acts 1995, No. 95-535, p. 1082, §10.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 13 - Drug-Free Workplace Program. › Section 25-5-340 - Department of Labor to Perform Administrative Duties for Certification of Employers.

Section 25-5-340
Department of Labor to perform administrative duties for certification of employers.
The Department of Labor, Workers' Compensation Division, shall promulgate by rule or regulation procedures and forms for the certification of employers who establish and maintain a drug-free workplace which complies with this article. The department may charge a fee for the certification of a drug-free workplace program in an amount which shall approximate the administrative costs to the department of the certification. The certification fees shall be deposited in a revolving account to fund the administrative costs of certification and are hereby appropriated solely for that purpose. Certification of an employer shall be required for each year in which a premium discount is granted.
(Acts 1995, No. 95-535, p. 1082, §11.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 6 - Employer's Liability for Certain Injuries. › Section 25-6-2 - Damages Recovered Not Subject to Debts, etc., of Servant or Employee.

Section 25-6-2
Damages recovered not subject to debts, etc., of servant or employee.
Damages recovered by the servant or employee, of and from the master or employer, are not subject to the payment of debts or any legal liabilities incurred by him, except judgments in favor of the wholly dependent, or dependents, as defined in Section 25-5-61.
(Code 1886, §2592; Code 1896, §1750; Code 1907, §3911; Code 1923, §7599; Acts 1933, Ex. Sess., No. 126, p. 118; Code 1940, T. 26, §327.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 6 - Employer's Liability for Certain Injuries. › Section 25-6-3 - Maintenance of Action by Personal Representative; Disposition of Damages Recovered.

Section 25-6-3
Maintenance of action by personal representative; disposition of damages recovered.
If such injury results in the death of the servant or employee, his personal representative is entitled to maintain an action therefor in a court of competent jurisdiction, and the damages recovered are not subject to the payment of debts or liabilities but shall be distributed according to the statute of descent and distributions.
(Code 1886, §2591; Code 1896, §1751; Code 1907, §3912; Acts 1911, No. 454, p. 483; Code 1923, §7600; Code 1940, T. 26, §328.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 6 - Employer's Liability for Certain Injuries. › Section 25-6-4 - Acceptance of Insurance Benefits, etc., Not to Bar Action, etc.; Setoff.

Section 25-6-4
Acceptance of insurance benefits, etc., not to bar action, etc.; setoff.
No contract of employment, insurance, relief benefit or indemnity for injury or death entered into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit or indemnity by the person entitled thereto shall constitute any bar or defense to any action brought to recover damages for personal injuries to or death of such employee, but, upon the trial of such action against any employer, the defendant may set off therein any sum he has contributed toward any such insurance, relief benefit, or indemnity that may have been paid to the injured employee or, in case of death, to his personal representative.
(Code 1907, §3913; Code 1923, §7601; Code 1940, T. 26, §329.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 6 - Employer's Liability for Certain Injuries. › Section 25-6-5 - Franchise Business Protection.

Section 25-6-5
Franchise business protection.
(a) This section shall be known as the Franchise Business Protection Act.
(b) For purposes of this section, the terms franchisee and franchisor have the same meaning as defined in 16 C.F.R. § 436.1.
(c) Except as provided in a voluntary agreement entered into between the United States Department of Labor and a franchisor, the following persons may not be deemed or construed to be employees of a franchisor:
(1) A franchisee.
(2) An employee of a franchisee.
(3) An independent contractor working for a franchisee.
(d) To the extent that this section does not conflict with federal law, this section shall only apply to the following:
(1) The enforcement or enactment of rules or ordinances by state agencies or local governmental bodies.
(2) Labor relations and collective bargaining.
(Act 2017-391, §1.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 7 - Labor Unions and Labor Relations. › Article 1 - General Provisions. › Section 25-7-1 - Declaration of Policy.

Section 25-7-1
Declaration of policy.
The right to live involves the right to work. The public and working men and women must be protected. The activities of labor organizations affect the social and economic conditions of the state and the welfare of its citizens. It is declared to be the policy of this state, in the exercise of its police power and in the protection of the public interest, to promote voluntary and peaceful settlement and adjustment of labor disputes and to regulate the activities and affairs of labor organizations, their officers, agents and other representatives in the manner and to the extent provided in this article.
(Acts 1943, No. 298, p. 252, §1.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 7 - Labor Unions and Labor Relations. › Article 1 - General Provisions. › Section 25-7-2 - Definitions.

Section 25-7-2
Definitions.
When used in this article, the terms defined in this section shall have the meanings herein ascribed to them, unless it clearly appears from the context that some other meaning is indicated:
(1) LABOR ORGANIZATION or LABOR UNION. Every organization, association, group, union, lodge, local, branch, or subdivision thereof, whether incorporated or not, having within its membership employees working in the State of Alabama, organized for the purpose of dealing with employer or employers concerning hours of employment, rates of pay or the tenure or other terms or conditions of employment, but such term or terms shall not include any labor organization or labor union the members of which are subject to the Act of Congress known as the Railway Labor Act.
(2) LABOR DISPUTE. Any controversy concerning terms, tenure, or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee; provided, that this definition shall not relate to a dispute between an individual worker and his employer.
(Acts 1943, No. 298, p. 252, §2.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 7 - Labor Unions and Labor Relations. › Article 1 - General Provisions. › Section 25-7-3 - Construction of Article.

Section 25-7-3
Construction of article.
Except as otherwise specifically provided in this article, nothing contained in this article shall be construed to interfere with or impede or diminish in any way the right to strike or the right to individuals to work, nor shall anything in this chapter be construed so as to invade unlawfully the right to freedom of speech.
(Acts 1943, No. 298, p. 252, §13.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 7 - Labor Unions and Labor Relations. › Article 1 - General Provisions. › Section 25-7-6 - Freedom to Join or Refrain From Joining Labor Organizations.

Section 25-7-6
Freedom to join or refrain from joining labor organizations.
Every person shall be free to join or to refrain from joining any labor organization, except as otherwise provided in Section 25-7-13, and, in the exercise of such freedom, shall be free from interference by force, coercion, or intimidation, by threats of force or coercion or by the intimidation of or injury to his family.
(Acts 1943, No. 298, p. 252, §8.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 7 - Labor Unions and Labor Relations. › Article 1 - General Provisions. › Section 25-7-9 - Interference, etc., With Peaceable Exercise of Lawful Industry, Business, Etc.

Section 25-7-9
Interference, etc., with peaceable exercise of lawful industry, business, etc.
Any person who, by force or threats of violence to person or property, or who, by any means of duress prevents, or seeks to prevent, another from doing work or furnishing materials or from contracting to do work or furnish materials for or to any person engaged in any lawful business, or who disturbs, interferes with or prevents, or in any manner attempts to prevent the peaceable exercise of any lawful industry, business or calling by any other person shall, on conviction, be fined not less than $10.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months.
(Code 1886, §3763; Code 1896, §5514; Code 1907, §6856; Code 1923, §3990; Code 1940, T. 26, §336.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 7 - Labor Unions and Labor Relations. › Article 1 - General Provisions. › Section 25-7-11 - Use or Threats of Use of Force, etc., to Secure or Prevent Attendance at Strike Votes or to Influence Votes.

Section 25-7-11
Use or threats of use of force, etc., to secure or prevent attendance at strike votes or to influence votes.
It shall be unlawful for any person at any time or place, by force or the threat of force, to seek to secure or prevent attendance at any meeting or voting place at which any strike vote is taken, or to influence the vote of such employee at such meeting or voting place by the use of force, coercion or intimidation or by threat of force or coercion or by the offering of a reward or the threat of loss of employment or membership in a labor organization. Any person using such force, coercion or threats or offering of rewards or withholding of membership from labor organizations or any person encouraging, aiding or abetting in such prohibited conduct shall be guilty of a misdemeanor.
(Acts 1943, No. 298, p. 252, §13.)