Alaska Positioned to Back Saliva Drug Testing for Employers

The Alaska Legislature has approved Senate Bill 196 and is awaiting Governor Mike Dunleavy's signature. The Governor will need to sign the bill by August 14,2024. This bill proposes notable amendments to the state's "safe harbor" laws allowing saliva testing. Alaska’s safe harbor laws protect employers from legal actions stemming from drug and alcohol testing in certain circumstances but have not historically included saliva testing.

What are Alaska’s “safe harbor laws,” and what is Senate Bill 196?

Alaska's safe harbor laws allow employers to test for drugs and alcohol, explicitly aiming to protect employers from legal repercussions for testing employees for drugs and alcohol. The inclusion of saliva testing represents a significant enhancement to these protections.

Notably, Senate Bill 196 pertains solely to employer-administered tests on employees. However, even with the inclusion of saliva testing by employers, Alaska’s proposed bill still limits law enforcement to the "chemical analysis of breath or blood." You can read the full text of the proposed legislation (updated 5-14-2024) here, including its scope, limitations, and inclusions.

Why is the bill significant for Alaska?

Tetrahydrocannabinol (THC), the primary psychoactive substance in marijuana, can be a complex grey area for employers. Drug testing in Alaska, where recreational use of cannabis is legal, can create a dilemma for employers that have a drug-free workplace policy. THC can be difficult to test reliably with a breathalyzer and can linger in urine and blood for weeks at a time. Saliva testing has a detection period up to 48 hours after use and can provide more accurate results. These limits have historically made it difficult to determine and prove intoxication on the job with traditional methods.

With a much shorter window for positive results and a high accuracy rate, saliva testing allows employers to more reliably close the gap on intoxication in the workplace, which can affect productivity and safety. Additionally, saliva testing could help protect employee rights who lawfully use cannabis outside of work hours responsibly, without fear of repercussions.

Saliva testing may become more common across other states

This bill is part of a more significant trend towards more sophisticated and diverse drug testing methodologies. SB196 could align Alaska with a broader national movement to help employers maintain a safe and productive work environment while being mindful of employee rights. As of May 14, 2024, Alaska’s SB196 awaits Governor Dunleavy's approval and signature, due back by August 14, 2024. You can monitor the progress of the bill here.

Driven by technological advancements and the legalization of recreational cannabis in various states, saliva testing is becoming more common and relevant nationwide. Several states, such as Minnesota, Washington, and California, have passed laws to protect employee rights when using cannabis outside of the workplace, making saliva testing a possible next step for employers in states where cannabis use outside of work is legal.

As drug testing laws evolve and become more nuanced, it’s important to seek legal counsel before making hiring, firing, or adverse action decisions based on drug test results. If you want to learn more about the benefits of saliva testing, contact us here.