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25-5-333
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.)...
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32-5A-194
Section 32-5A-194 Chemical tests; admissible as evidence; procedure for valid chemical
analyses; permits for individuals performing analyses; persons qualified to withdraw blood;
presumptions based on percent of alcohol in blood; refusal to submit; no liability for technician.
(a) Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising
out of acts alleged to have been committed by any person while driving or in actual control
of a vehicle while under the influence of alcohol or controlled substance, evidence of the
amount of alcohol or controlled substance in a person's blood at the alleged time, as determined
by a chemical analysis of the person's blood, urine, breath, or other bodily substance, shall
be admissible. Where such a chemical test is made the following provisions shall apply: (1)
Chemical analyses of the person's blood, urine, breath, or other bodily substance to be considered
valid under the provisions of this section shall have been...
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45-45-82.03
Section 45-45-82.03 Juvenile court Advisory Board and Drug Abuse Prevention Fund. (a)
In all criminal and juvenile delinquency cases in the circuit and district courts of Madison
County wherein the defendant or the juvenile is charged with a violation of the Alabama Uniform
Controlled Substances Act the clerk of the respective court shall charge and collect a fee
of ten dollars ($10) in addition to all other costs and charges now or hereafter provided.
(b) The monies derived from the charges herein prescribed shall be remitted to the Madison
County Commission and be deposited to a fund which shall be designated as the Madison County
Juvenile Court Drug Abuse Prevention Fund. All funds so deposited shall be disbursed for the
following purposes: (1) Conducting drug and alcohol abuse education programs. (2) Conducting
drug and alcohol abuse counseling programs. (3) Reimbursing any nonprofit organization approved
by the juvenile court of the county for services performed for the juvenile...
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32-6-49.11
Section 32-6-49.11 Disqualification from driving commercial motor vehicle. (a) Any person
is disqualified from driving a commercial motor vehicle for a period of not less than one
year if convicted of a first violation of one of the following: (1) Driving a motor vehicle
under the influence of alcohol, or a controlled substance or any other drug which renders
a person incapable of safely driving. (2) Driving a commercial motor vehicle while the alcohol
concentration of the person's blood, urine, or breath is 0.04 or more. (3) Knowingly and willfully
leaving the scene of an accident involving a motor vehicle driven by the person. (4) Using
a motor vehicle in the commission of any felony. (5) Refusal to submit to a test to determine
the driver's use of a controlled substance or alcohol concentration while driving a motor
vehicle. If any of the violations in subdivisions (1) to (5), inclusive, occurred while transporting
a hazardous material required to be placarded, the person is...
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12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines;
conditions. Any person arrested or charged with the violation of a controlled substance offense
as set forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the
district attorney having jurisdiction over the offense to enroll in a drug abuse treatment
program in lieu of undergoing prosecution. Admission to such treatment program and deferral
of prosecution may be granted at the discretion of the district attorney. The Office of Prosecution
Services shall establish guidelines, which shall be used by the prosecutor in evaluating the
request for diversion from the criminal justice system into rehabilitation. If prosecution
has been initiated by the filing of a complaint, information or indictment, prior approval
and dismissal of the case must be obtained from the judge presiding over the case. Admission
to such treatment or rehabilitation program and deferral of prosecution is...
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12-23A-3
Section 12-23A-3 Legislative intent. (a) The Legislature recognizes that a critical
need exists in this state for the criminal justice system to more effectively address the
number of defendants who are involved with substance abuse or addiction. For the criminal
justice system to maintain credibility, court and community alternatives for the substance
abuse and addiction involved defendant must be expanded. A growing body of research demonstrates
the impact of substance abuse on public safety, personal health, and health care costs, the
spread of communicable disease, educational performance and attainment, work force reliability
and productivity, family safety, and financial stability. Requiring accountability and effective
treatment, in addition to or in place of, conventional and expensive incarceration, will promote
public safety, the welfare of the individuals involved, reduce the burden upon the State Treasury
and benefit the common welfare of this state. The goals of this...
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22-21-264
Section 22-21-264 Criteria for state agency review. The SHPDA, pursuant to the provisions
of Section 22-21-274, shall prescribe by rules and regulations the criteria and clarifying
definitions for reviews covered by this article. These criteria shall include at least the
following: (1) Consistency with the appropriate State Health Facility and services plans effective
at the time the application was received by the State Agency, which shall include the latest
approved revisions of the following plans: a. The most recent Alabama State Health Plan which
shall include updated inventories and separate bed need methodologies for inpatient rehabilitation
beds, inpatient psychiatric beds and inpatient/residential alcohol and drug abuse beds. b.
Alabama State Health Plan for services to the mentally ill. c. Alabama State Plan for rehabilitation
facilities. d. Alabama developmental disabilities plan. e. Alabama State alcoholism plan.
f. Such other State Plans as may from time to time be...
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25-5-330
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.)...
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25-5-51
Section 25-5-51 Right to compensation for injuries or death; grounds for denial of compensation.
If an employer is subject to this article, compensation, according to the schedules hereinafter
contained, shall be paid by the employer, or those conducting the business during bankruptcy
or insolvency, in every case of personal injury or death of his or her employee caused by
an accident arising out of and in the course of his or her employment, without regard to any
question of negligence. Notwithstanding the foregoing, no compensation shall be allowed for
an injury or death caused by the willful misconduct of the employee, by the employee's intention
to bring about the injury or death of himself or herself or of another, his or her willful
failure or willful refusal to use safety appliances provided by the employer or by an accident
due to the injured employee being intoxicated from the use of alcohol or being impaired by
illegal drugs. A positive drug test conducted and evaluated...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section,
services performed for remuneration after December 31, 1977, including service in interstate
commerce, by: a. Any officer of a corporation; or b. Any individual who, under the usual common
law rules applicable in determining the employer-employee relationship, has the status of
an employee; or c. Any individual other than an individual who is an employee under paragraphs
a. or b. of this subdivision (1) who performs services for remuneration for any person: 1.
As an agent-driver or commission-driver engaged in distributing meat products, bakery products,
beverages (other than milk) or laundry or dry cleaning services for a principal; 2. As a traveling
or city salesman engaged upon a full-time basis in the solicitation on...
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