reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.080. Powers and duties of division.

The director, or an authorized representative of the director, shall
(1) investigate and ascertain the wages and related conditions and standards of employment of any employee in the state;
(2) enter the place of business or employment of an employer at reasonable times for the purpose of inspecting payroll records that relate to the question of wages paid or hours worked;
(3) require and subpoena from an employer a statement in writing, when the director or the representative considers it necessary, of hours worked by and the wages paid to a person in the employ of the employer, and the commissioner may require the employer to make the statement under oath;
(4) question an employee in a place of employment during work hours with respect to the wages paid and the hours worked by the employees;
(5) compel the attendance of witnesses and the production of books, papers, and documents by subpoena when necessary for the purpose of a hearing or investigation provided for in AS 23.10.050 - 23.10.150.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.085. Scope of administrative regulations; room and board deductions.

(a) The director may adopt, amend, or rescind administrative regulations not inconsistent with the purposes and provisions of AS 23.10.050 - 23.10.150 that are necessary for the administration of AS 23.10.050 - 23.10.150.
(b) The regulations may, without limiting the generality of (a) of this section, define terms used in AS 23.10.050 - 23.10.150, and restrict or prohibit industrial homework or other acts or practices that the director finds appropriate to carry out the purpose of AS 23.10.050 - 23.10.150, or to prevent the circumvention or evasion of AS 23.10.050 - 23.10.150.
(c) The regulations may permit deductions by an employer from the minimum wage applicable under AS 23.10.050 - 23.10.150 to employees for the reasonable cost, as determined by the director on an occupation basis, of furnishing board or lodging if board or lodging is customarily furnished by the employer and used by the employee.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.090. Administrative procedures.

Regulations adopted or hearings conducted under AS 23.10.050 - 23.10.150 shall be adopted or conducted and be subject to judicial review in accordance with AS 44.62 (Administrative Procedure Act).
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.095. Adoption of federal regulations.

The commissioner may adopt regulations and interpretations that are made by the administrator of the Wage and Hour Division of the federal Department of Labor and that are not inconsistent with AS 23.10.050 - 23.10.150.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.100. Employer to keep records.

(a) An employer shall keep for a period of at least three years at the place where an employee is employed a record of the name, address, and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each workweek by each employee, and other payroll information that the commissioner may require.
(b) The commissioner or an authorized representative of the commissioner may copy the employer's records at any reasonable time. An employer shall furnish to the commissioner or the representative on demand a sworn statement of the employer's records, and the commissioner may require that the sworn statement be made upon forms the commissioner has prescribed or approved.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.105. Posting summary required.

An employer subject to AS 23.10.050 - 23.10.150 shall keep a summary or abstract of these sections, approved by the commissioner, posted in a conspicuous location at the place where a person subject to them is employed. An employer shall be furnished copies of a summary by the state on request without charge.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.115. Enforcement by injunction.

If it appears to the commissioner that an employer is engaged in an act or practice that violates or will violate a provision of AS 23.10.050 - 23.10.150 or of a regulation adopted under these sections, the commissioner may bring an action in a competent court to enjoin the act or practice, and to enforce compliance with AS 23.10.050 - 23.10.150 or with the regulation. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.120. Enforcement of subpoenas.

If a person fails to comply with a subpoena issued under AS 23.10.080, or if a witness refuses to produce evidence or to testify to a matter regarding which the witness may be lawfully interrogated, a competent court shall, upon application of the commissioner or an authorized representative, compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued by the court or a refusal to testify before it.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.125. Collective bargaining.

AS 23.10.050 - 23.10.150 do not limit the right of employees to bargain collectively through representatives of their own choosing to establish wages or conditions of work in excess of the applicable minimum under AS 23.10.050 - 23.10.150 or to establish hours of work shorter than the applicable maximum under AS 23.10.050 - 23.10.150.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.130. Statute of limitations.

An action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages under AS 23.10.050 - 23.10.150 is forever barred unless it is started within two years after the cause of action accrues. For the purposes of this section an action is considered to be started on the date when the complaint is filed.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.135. Violations.

An employer violates AS 23.10.050 - 23.10.150 if the employer (1) hinders or delays the commissioner or an authorized representative of the commissioner in the performance of their duties in the enforcement of AS 23.10.050 - 23.10.150; (2) refuses to admit the commissioner or an authorized representative to any place of employment; (3) fails to keep or falsifies a record required under the provisions of AS 23.10.050 - 23.10.150; (4) refuses to make a record accessible, or to furnish a sworn statement of the record, or to give information required for the enforcement of AS 23.10.050 - 23.10.150, upon demand, to the commissioner or an authorized representative; (5) fails to post an abstract of AS 23.10.050 - 23.10.150 as required by AS 23.10.105; (6) discharges or in any other manner discriminates against an employee because the employee has filed a complaint, or has instituted or caused to be instituted any proceeding under or related to AS 23.10.050 - 23.10.150, or has testified or is about to testify in such a proceeding.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.140. Penalty.

An employer who violates a provision of AS 23.10.050 - 23.10.150, or of any regulation or order of the commissioner issued under it, upon conviction is punishable by a fine of not less than $100 nor more than $2,000, or by imprisonment for not less than 10 nor more than 90 days, or by both. Each day a violation occurs constitutes a separate offense.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 3. Alaska Wage and Hour Act. › Sec. 23.10.145. Definitions.

If not defined in this title or in regulations adopted under this title, terms used in AS 23.10.050 - 23.10.150 shall be defined as they are defined in 29 U.S.C. 201 - 219 (Fair Labor Standards Act of 1938), as amended, or the regulations adopted under those sections.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 4. Employment of Children. › Sec. 23.10.325. Purpose.

It is the purpose of AS 23.10.325 - 23.10.370 to establish protective standards for child labor to the end that their health, morals, education, and future welfare will be protected during the formative years and to the further end that any abuses or unjust exploitation of this labor will be effectively prohibited.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 4. Employment of Children. › Sec. 23.10.330. Exempted employment.

(a) AS 23.10.325 - 23.10.370 do not prohibit employment of a child under the direct supervision of a parent in a business owned and operated by the parent or the work of a child on a boat owned and operated by the parent of the child.
(b) Notwithstanding AS 23.10.335 - 23.10.350, a minor of any age may be employed as a performer in the entertainment industry. The provisions of AS 23.10.335 - 23.10.350 and AS 23.10.360(a) and 23.10.360(c) concerning times, hours, or days of work do not apply to the employment of a minor as a performer in the entertainment industry. The department may adopt regulations to implement this subsection. In this subsection, a “performer in the entertainment industry” means a performer in advertisements and television, film, radio, and theater productions but does not include employment on the premises of a business offering any form of adult entertainment under AS 23.10.350(f) regardless of the nature of the work performed by the minor.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 4. Employment of Children. › Sec. 23.10.332. Authorization for children under 17 to work.

(a) Except for employment exempted under AS 23.10.330 and other employment specifically exempted by regulations adopted by the department, a minor under 17 years of age may not be employed or allowed to work without the written authorization of the commissioner unless authorized under AS 23.10.360 or under (c) of this section.
(b) The department shall adopt regulations necessary to implement this section.
(c) An employer may employ a minor who is at least 14 years of age to perform a specific job consisting of listed duties without the written authorization of the commissioner under (a) of this section if the employer has, in advance, secured the approval of the commissioner for a minor to perform that job and the employer files the written consent from the minor's parent or guardian described in (d) of this section. The employer may not change any of the listed duties of a job to be performed by a minor without prior approval of the commissioner.
(d) A written consent from a parent or guardian filed under (c) of this section
(1) is valid only for the job and listed duties specified on the consent;
(2) must be filed with the commissioner within seven calendar days after the minor begins working the job specified in the consent;
(3) is valid for the calendar year in which it is executed or, in the case of a written consent executed in December, for that calendar year, the next calendar year, or both, depending on the terms of the written consent;
(4) shall be on a form provided by the department; the department may use the same form that it uses to issue work permits under (a) of this section to secure parental signatures under this subsection; and
(5) must be signed by a parent or legal guardian of the minor before the date the minor begins working the job specified in the consent.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 4. Employment of Children. › Sec. 23.10.335. Employment of children under 14.

A minor under 14 years of age may not be employed or allowed to work in an occupation outside school hours except in domestic employment, baby-sitting, and handiwork in and about private homes; newspaper delivery or sales; or canneries in warehouse work casing cans under competent supervision.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 4. Employment of Children. › Sec. 23.10.340. Employment of children under 16.

(a) A minor under 16 years of age may not be employed for more than a combined total of nine hours school attendance and employment in one day. If employed, the minor's work may be performed only between 5 a.m. and 9 p.m. Employment outside school hours may not exceed 23 hours in one week, domestic work and baby-sitting excepted.
(b) [Repealed, § 7 ch 112 SLA 1976.]
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 4. Employment of Children. › Sec. 23.10.360. Regulations for minimum standards and work opportunities.

(a) The department may, from time to time after public notice and hearing, adopt regulations and issue orders establishing minimum standards for safety, working conditions, kind and extent of work in various phases of the respective fields of employment, maximum hours for the day and week, and minimum rates of pay, and other reasonable safeguards compatible with the welfare of all minors covered by AS 23.10.325 - 23.10.370.
(b) The department shall make cooperative arrangements with other state and federal agencies and shall adopt the regulations that are necessary to provide opportunities for work experience in safe and healthful occupations for minors.
(c) The department shall, after notice and hearing, adopt regulations authorizing the employment of minors under 18 years of age and exempting appropriate employers from the requirement to secure the commissioner's written authorization under AS 23.10.332(a).
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 4. Employment of Children. › Sec. 23.10.370. Penalty.

(a) Except as provided in (b) of this section, a person who violates a provision of AS 23.10.325 - 23.10.370 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500, or by imprisonment for not more than 90 days, or by both.
(b) A person who employs a minor in violation of AS 23.10.350(f) is guilty of a class A misdemeanor for the first offense and a class C felony for the second and each subsequent offense.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 5. Transportation of Employees. › Sec. 23.10.380. Right to return transportation.

(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 from which transportation was furnished or financed, or to a destination agreed upon by the parties, with transportation to be furnished or financed
(1) on or after the termination of employment for a cause considered good and sufficient by the department, beyond the control of the person, or on or after the termination of the contract of employment or a renewal of the contract; and
(2) upon the request of the person or the department made within 45 days after the termination of employment.
(b) Upon the termination of employment the subsistence of the employee may not continue longer than 10 days after the termination or until transportation is available, whichever occurs first.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 5. Transportation of Employees. › Sec. 23.10.385. Enforcement by civil action.

(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 collection suits brought by the department in behalf of employees apply in an action brought under this section.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 5. Transportation of Employees. › Sec. 23.10.390. Construction of contracts.

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.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 5. Transportation of Employees. › Sec. 23.10.400. Penalty.

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.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 6. Employment in Underground Mines. › Sec. 23.10.405. Legislative declaration of hazard.

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.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 6. Employment in Underground Mines. › Sec. 23.10.415. Penalties.

(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 than 60 days, nor more than six months, or by both.
(b) Upon a second conviction under AS 23.10.410, the punishment is imprisonment in a jail for not less than 60 days, nor more than one year. A second conviction under AS 23.10.410 means a conviction for a violation of AS 23.10.410 committed within a period of two years after a previous conviction for a violation of AS 23.10.410. Other convictions are first convictions. Each day's violation of the provisions of AS 23.10.410 is a separate offense.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 7. Employee Rights. › Sec. 23.10.430. Access to personnel files.

(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 require an employee or former employee who requests copies of material under this subsection to pay the reasonable cost of duplication.
(b) This section does not supersede the terms of a collective bargaining agreement.
(c) In this section,
(1) “employee” means a person employed by an employer;
(2) “employer” means a person who employs one or more other persons and includes the state, the University of Alaska, the Alaska Railroad, and political subdivisions of the state.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 8. Drug and Alcohol Testing by Employers. › Sec. 23.10.600. Employer protection from litigation.

(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 alcohol impairment test;
(2) failure to test for drugs or alcohol impairment or failure to test for a specific drug or another controlled substance;
(3) failure to test or, if tested, failure to detect a specific drug or other substance, a medical condition, or a mental, emotional, or psychological disorder or condition; or
(4) termination or suspension of a drug or alcohol prevention or testing program or policy.
(b) A person may not bring an action for damages based on test results against an employer who has established and implemented a drug and alcohol testing program under AS 23.10.600 - 23.10.699 unless the employer's action was based on a false positive test result and the employer knew or clearly should have known that the result was in error and ignored the true test result because of reckless or malicious disregard for the truth or the wilful intent to deceive or be deceived.
(c) In a claim, including a claim under AS 23.10.600 - 23.10.699, if it is alleged that an employer's action was based on a false positive test result,
(1) there is a rebuttable presumption that the test result was valid if the employer complied with the provisions of AS 23.10.600 - 23.10.699; and
(2) the employer is not liable for monetary damages if the employer's reliance on a false positive test result was reasonable and in good faith.
(d) A person may not bring an action for damages against an employer for an action taken related to a false negative drug test or alcohol impairment test.
(e) A person may not bring an action against an employer based on failure of the employer to establish a program or policy on substance abuse prevention or to implement drug testing or alcohol impairment testing.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 8. Drug and Alcohol Testing by Employers. › Sec. 23.10.610. Limits on causes of action for disclosures.

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 unless
(1) the results of the test were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the tested employee, the tested prospective employee, or another person authorized or privileged by law to receive the information;
(2) the information disclosed was a false positive test result;
(3) the false positive test result was disclosed negligently; and
(4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by law are satisfied.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 8. Drug and Alcohol Testing by Employers. › Sec. 23.10.630. Collection of samples.

(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 individual's urine or breath and to present reliable individual identification to the person collecting the sample. Collection of the sample must conform to the requirements of AS 23.10.600 - 23.10.699. The employer may designate the type of sample to be used for testing.
(c) An employer shall normally schedule a drug test or an alcohol impairment test of employees during, or immediately before or after, a regular work period. Alcohol impairment or drug testing required by an employer is considered to be work time for the purposes of compensation and benefits for current employees. Sample collection shall be performed in a manner that guarantees the individual's privacy to the maximum extent consistent with ensuring that the sample is not contaminated, adulterated, or misidentified.
(d) An employer shall pay the entire actual costs for drug testing and alcohol impairment testing required of employees and prospective employees. An employer shall also pay reasonable transportation costs to an employee if the required test is conducted at a location other than the employee's normal work site.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 8. Drug and Alcohol Testing by Employers. › Sec. 23.10.640. Testing procedures.

(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 reasonable the possibility of misidentification of the person tested in relation to the test result provided, and shall provide the person to be tested with an opportunity to provide medical information that may be relevant to the test, including identifying current or recently used prescription and nonprescription drugs.
(b) Sample collection, storage, and transportation to the place of testing shall be performed in a manner reasonably designed to preclude the possibility of sample contamination, adulteration, or misidentification.
(c) Sample testing must comply with scientifically accepted analytical methods and procedures. Except for on-site testing under AS 23.10.645, drug testing shall be conducted at a laboratory approved or certified by the Substance Abuse and Mental Health Services Administration or the College of American Pathologists, American Association of Clinical Chemists.
(d) Drug testing, including on-site drug testing, must include confirmation of a positive drug test result. The confirmation must be by use of a different analytical process than was used in the initial drug screen. The second or confirmatory drug test shall be a gas chromatography mass spectrometry. An employer may not rely on a positive drug test unless the confirmatory drug test results have been reviewed by a licensed physician or doctor of osteopathy. The physician or osteopath shall
(1) contact the employee within 48 hours and offer an opportunity to discuss the confirming test result;
(2) interpret and evaluate the positive drug test results for legal use; and
(3) report test results that have been caused by prescription medication as negative.
(e) A drug test conducted under this section or in an on-site test under AS 23.10.645 for a drug for which the United States Department of Health and Human Services has established a cutoff level shall be considered to have yielded a positive result if the test establishes the presence of the drug at levels equal to or greater than that cutoff level. For a drug for which the United States Department of Health and Human Services has not established a cutoff level, the employer shall, in the written policy under AS 23.10.620, inform employees of the cutoff level that the employer will use to establish the presence of the drug.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 8. Drug and Alcohol Testing by Employers. › Sec. 23.10.645. On-site testing.

(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 Food and Drug Administration for employee testing and shall use the products in accordance with the manufacturer's instructions. On-site testing under this section may only be conducted by a test administrator who is certified under AS 23.10.650(b).
(b) In on-site testing under this section, the specimen to be tested must be kept in sight of the employee or applicant who is the subject of the test. The test administrator shall
(1) conduct the test in a manner that allows the subject of the test to observe the testing procedure and the results; in the case of a sight-impaired employee, the employee may request the presence of an observer; however, the test administrator is not required to delay collection of the sample or administration of the test because of the sight-impaired employee's request;
(2) complete the sample documentation required under AS 23.10.640(a);
(3) prepare a written record of the results of the on-site test.
(c) An employer may not take permanent employment action against an employee based on an unconfirmed, screen positive on-site test result. If an employer takes temporary adverse employment action based on an on-site test result, the employer shall restore the employee's wages and benefits if the confirmatory test result is negative or if the employee demonstrates that the positive test result was caused by drugs taken in accordance with a valid prescription of the employee or by lawful nonprescription drugs.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 8. Drug and Alcohol Testing by Employers. › Sec. 23.10.650. Training of test administrators.

(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 reasonable suspicion exists to require an employee to undergo testing under AS 23.10.630.
(b) If an employer administers on-site drug or alcohol tests to test employees or prospective employees under AS 23.10.645, the employer shall ensure that each person who will be administering the on-site test receives training and meets the qualifications of this subsection. An on-site test administrator must
(1) have been trained by the manufacturer of the test or the manufacturer's representative on the proper procedure for administering the test and accurate evaluation of on-site test results; training must be conducted in person by a trainer from the manufacturer or the manufacturer's representative;
(2) be certified in writing by the manufacturer or the manufacturer's representative as competent to administer and evaluate the on-site test;
(3) have been trained to recognize adulteration of a sample to be used in on-site testing; and
(4) sign a statement that clearly states that the on-site test administrator will hold all information related to any phase of a drug test confidential.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 8. Drug and Alcohol Testing by Employers. › Sec. 23.10.655. Disciplinary procedures.

(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 refusal of an employee to provide an alcohol impairment testing sample.
(b) Adverse employment action under (a) of this section may include
(1) a requirement that the employee enroll in an employer provided or employer approved rehabilitation, treatment, or counseling program; the program may include additional drug testing and alcohol impairment testing; the employer may require participation in the program as a condition of employment; costs of participating in the program may or may not be covered by the employer's health plan or policies;
(2) suspension of the employee, with or without pay, for a designated period of time;
(3) termination of employment;
(4) in case of drug testing, refusal to hire a prospective employee; and
(5) other adverse employment action.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 8. Drug and Alcohol Testing by Employers. › Sec. 23.10.660. Confidentiality of results; access to records.

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 or another person designated in writing by the employee or prospective employee;
(2) to individuals designated by an employer to receive and evaluate test results or hear the explanation of the employee or prospective employee; or
(3) as ordered by a court or governmental agency.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 8. Drug and Alcohol Testing by Employers. › Sec. 23.10.670. Effect of mandatory testing obligations.

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, so long as the employer complies with the state or federal requirements applicable to the employer's operations.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 10. Employment Practices and Working Conditions › Article 8. Drug and Alcohol Testing by Employers. › Sec. 23.10.699. Definitions.

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 person in the service of an employer;
(5) “employer” means a person who employs one or more full-time employees under a contract of hire, express or implied, oral or written;
(6) “good faith” means reasonable reliance on fact, or that which is held out to be factual, without the intent to deceive or be deceived and without reckless or malicious disregard for the truth;
(7) “prospective employee” means a person who has made application to an employer, whether written or oral, to become an employee;
(8) “random” means a scientifically valid method that ensures that all covered employees have an equal chance of being selected;
(9) “sample” means urine or breath from the person being tested.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 15. Employment Services › Article 1. Vocational Rehabilitation. › Sec. 23.15.020. Powers and duties of commissioner.

(a) The commissioner may cooperate with a federal agency, as provided and required by federal law for vocational rehabilitation.
(b) The commissioner shall comply with the federal laws and the conditions necessary to secure the full benefit of the federal vocational rehabilitation laws, and shall do all things necessary to entitle the state to receive the benefits of the federal laws.
(c) The commissioner may do all the things and adopt the regulations that are necessary to carry out the federal laws and the purposes of AS 23.15.010 - 23.15.210.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 15. Employment Services › Article 1. Vocational Rehabilitation. › Sec. 23.15.050. Director of vocational rehabilitation.

The commissioner shall appoint a director of the division of vocational rehabilitation. The director has the administrative authority delegated by the commissioner and necessary to carry out AS 23.15.010 - 23.15.210 and the regulations and policies adopted by the commissioner.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 15. Employment Services › Article 1. Vocational Rehabilitation. › Sec. 23.15.060. Agreements under Social Security Act.

(a) The commissioner may enter into necessary agreements on behalf of the state with the Secretary of Health and Human Services to carry out the provisions of the federal Social Security Act, as amended, and as it is subsequently amended, relating to the making of determinations of disability under Title II and Title XVI of that Act.
(b) The Department of Revenue shall act as the custodian of funds paid by the federal government to the state, shall comply with agreements entered into under the Social Security Act, and shall disburse the funds in accordance with instructions from the director of the division of vocational rehabilitation.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 15. Employment Services › Article 1. Vocational Rehabilitation. › Sec. 23.15.080. Eligibility for vocational rehabilitation service.

(a) Vocational rehabilitation service shall be provided directly or through a public or private instrumentality to an individual with a disability who
(1) is a resident of the state at the time of application for the service and whose vocational rehabilitation the agency determines after full investigation can be satisfactorily achieved; or
(2) is eligible for the service under an agreement with another state or with the federal government.
(b) In determining the types and extent of vocational rehabilitation services to be provided to an individual with a disability, the agency shall take into consideration any similar benefits that may be available to the individual under other programs. However, the agency may not take other benefits into consideration when doing so would significantly delay the provision of needed services to the individual with a disability. The agency need not take other benefits into consideration when they are for
(1) diagnostic and related services, including transportation and subsistence in connection with those services;
(2) counseling, guidance, and referral;
(3) training, including personal and vocational adjustment training, and necessary training materials;
(4) services to members of families of individuals with disabilities;
(5) job placement; and
(6) services necessary to assist individuals with disabilities to maintain suitable employment.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 15. Employment Services › Article 1. Vocational Rehabilitation. › Sec. 23.15.095. Gainful employment of individuals with disabilities.

(a) When providing vocational training, vocational rehabilitation, or employment placement of an individual with a disability, the agency's primary objective and preferred outcome is to help the individual become gainfully employed in an integrated workplace where individuals with disabilities work with and alongside of individuals without disabilities.
(b) By December 31 of each year, the commissioner shall provide to the Alaska Mental Health Trust Authority established by AS 44.25.200 a report on the agency's progress toward the objective under (a) of this section.
(c) In this section, “gainfully employed” means employed full time or part time for compensation that is
(1) at or above the minimum wage; and
(2) not less than the compensation paid by the employer for the same or similar work performed by an individual who is not disabled.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 15. Employment Services › Article 1. Vocational Rehabilitation. › Sec. 23.15.100. Powers and duties; vending facilities.

(a) In carrying out AS 23.15.010 - 23.15.210, the agency shall
(1) take the action it considers necessary or appropriate to carry out the purposes of AS 23.15.010 - 23.15.210 and adopt regulations in conformity with these purposes;
(2) determine the eligibility of applicants for vocational rehabilitation service;
(3) submit to the governor annual reports of activities and expenditures and, before each regular session of the legislature, estimates of sums required for carrying out AS 23.15.010 - 23.15.210 and estimates of the amounts to be made available for this purpose from all sources;
(4) cooperate with public and private departments, agencies, and institutions in providing for the vocational rehabilitation of individuals with disabilities, studying the problems involved in providing this rehabilitation, and establishing, developing, and providing, in conformity with the purposes of AS 23.15.010 - 23.15.210, the programs, facilities, and services that may be necessary or desirable;
(5) survey the potential for providing vending facilities on public property and, when feasible, establish vending facilities operated by blind persons and persons with severe disabilities on public property;
(6) license blind persons and persons with severe disabilities in accordance with AS 23.15.133 for the operation of vending facilities on public property, with blind persons having first priority for operation of the vending facilities;
(7) provide the training and supervision necessary to enable blind persons and persons with severe disabilities to operate vending facilities;
(8) provide the equipment and initial stock necessary to enable blind persons and persons with severe disabilities to operate vending facilities.
(b) In carrying out AS 23.15.010 - 23.15.210, the agency may
(1) enter into agreements with other states to provide for the vocational rehabilitation of residents of the states concerned;
(2) establish and operate rehabilitation facilities and workshops and make grants to public and other nonprofit organizations for these purposes;
(3) supervise the operation of vending stands and other small businesses established under AS 23.15.010 - 23.15.210 to be conducted by individuals with severe disabilities;
(4) make studies, investigations, demonstrations, and reports, and provide training and instruction, including the establishment and maintenance of the research fellowships and traineeships with the stipends and allowances that are considered necessary, in matters relating to vocational rehabilitation; and
(5) adopt regulations necessary for carrying out the provisions of AS 23.15.010 - 23.15.210.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 15. Employment Services › Article 1. Vocational Rehabilitation. › Sec. 23.15.110. Extension of services outside state.

Vocational rehabilitation service may be extended to the continental United States to all individuals eligible under AS 23.15.010 - 23.15.210. The director may place professional or clerical personnel or both inside the continental United States to carry out the purposes of AS 23.15.010 - 23.15.210.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 15. Employment Services › Article 1. Vocational Rehabilitation. › Sec. 23.15.120. Cooperation with federal government.

(a) The agency shall cooperate with the federal government in carrying out the purposes of federal laws pertaining to vocational rehabilitation, including the licensing of blind persons to operate vending stands on federal property, and may adopt the methods of administration that are found by the federal government to be necessary for the proper and efficient operation of agreements or plans for vocational rehabilitation. The agency may comply with the conditions that are necessary to obtain the full benefits of the federal laws for the state and its residents.
(b) Upon designation by the governor, the agency may perform functions and services for the federal government relating to individuals under a physical or mental disability, in addition to those provided in (a) of this section.
2023 Alaska Statutes › Title 23. Labor and Workers' Compensation › Chapter 15. Employment Services › Article 1. Vocational Rehabilitation. › Sec. 23.15.125. Assistive technology loan guarantee and interest subsidy program.

(a) An assistive technology loan guarantee fund is established in the agency. The fund consists of money appropriated to it. The agency may solicit and accept available public and private money for distribution from the fund.
(b) Subject to (c) and (d) of this section, the agency may use money in the fund established under this section to guarantee 90 percent of the principal amount of a loan or to subsidize the interest rate of a loan guaranteed by the agency for appropriate assistive technology that is best suited for enabling a person with a disability to
(1) obtain or maintain employment; or
(2) live more independently.
(c) The agency may guarantee a loan or subsidize the interest rate of a loan guaranteed under this section if
(1) the loan is made to a person with a disability or a member of the person's family to obtain assistive technology for the person with a disability within the limitations of (b) of this section;
(2) the loan is originated and serviced by a state or federally chartered financial institution located in the state;
(3) before a loan guarantee or subsidy is requested from a lending institution, the agency determines that the person requesting the loan guarantee or subsidy is not able to obtain the needed assistive technology from a less costly source;
(4) the lending institution determines that the person or the family of a child reasonably can be expected to repay the loan given their expected income or other resources; and
(5) for a loan to modify a vehicle to provide transportation for a person with a disability, the applicant has been steadily employed for the 90 days immediately preceding the date of the loan application.
(d) The director shall establish an assistive technology loan committee within the agency. The committee shall consist of the director, or the director's designee, a representative of a financial institution who is experienced with consumer loans, and at least one but not more than three persons with disabilities. The committee shall
(1) establish guidelines for providing loans under this section, including guidelines relating to the maximum amounts and duration of loans and guidelines to ensure that persons with disabilities who live in rural or remote areas of the state have adequate access to loans under this section;
(2) annually establish the percentage of money in the fund that may be used for subsidizing the interest rates on loans guaranteed under this section; and
(3) make reports and recommendations to the legislature on the operation of the loan program.
(e) In this section,
(1) “assistive technology” means durable equipment, adaptive aids, and assistive devices;
(2) “person with a disability” means an individual having a physical or mental disability.