Code of Alabama

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25-5-335
Section 25-5-335 Types of tests; procedures for specimen collection and testing; laboratory;
confirmation of tests. (a) An employer is required to conduct the following types of tests
in order to qualify for the workers' compensation insurance premium discounts provided under
this article: (1) An employer shall require job applicants to submit to a substance abuse
test after extending an offer of employment. Limited testing of job applicants by an employer
shall qualify under this article if the testing is conducted on the basis of reasonable classifications
of job positions. (2) An employer shall require an employee to submit to reasonable suspicion
testing. (3) An employer shall require an employee to submit to a substance abuse test if
the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination
that is part of the employer's established policy or that is scheduled routinely for all members
of an employment classification or group. (4) If the...
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25-5-331
Section 25-5-331 Definitions. As used in this article, the following words and terms shall
have meanings as follows: (1) ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, from whatever source or by whatever process produced. (2) CHAIN OF CUSTODY. The methodology
of tracking specified materials, specimens, or substances for the purpose of maintaining control
and accountability from initial collection to final disposition for all of the materials,
specimens, or substances and providing for accountability at each stage in handling, testing,
and storing materials, specimens, or substances and reporting test results. (3) CONFIRMATION
TEST or CONFIRMED TEST. A second analytical procedure used to identify the presence of a specific
drug or metabolite in a specimen. The confirmation test shall be different in scientific principle
from that of the initial test procedure. The confirmation method shall be capable of providing
requisite specificity, sensitivity, and quantitative...
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25-5-334
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...
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25-4-78
Section 25-4-78 Disqualifications for benefits. An individual shall be disqualified for total
or partial unemployment for any of the following: (1) LABOR DISPUTE IN PLACE OF EMPLOYMENT.
For any week in which an individual's total or partial unemployment is directly due to a labor
dispute still in active progress in the establishment in which he or she is or was last employed.
For the purposes of this section only, the term labor dispute includes 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. This definition shall not relate to a dispute between an individual worker and
his or her employer. (2) VOLUNTARILY QUITTING WORK. If an individual has left his or her most
recent bona fide work voluntarily without good...
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25-5-339
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...
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25-5-338
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...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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16-22A-3
Section 16-22A-3 Definitions. When used in this chapter only, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
APPLICANT. A certified or noncertified individual who submits an application for employment
to a local employing board or any nonpublic school, to act in any capacity in which the individual
will have unsupervised access to children in an educational environment. (2) APPLICANT FOR
CERTIFICATION. An individual who submits an application for certification issued by the State
Superintendent of Education. (3) AUTHORIZED EMPLOYER. Any educational entity authorized to
obtain criminal history background information, including the State Department of Education,
local employing boards, and nonpublic schools which are responsible for hiring employees or
contracting with private employers to provide personnel who have unsupervised access to children
in an educational setting. (4) CERTIFIED APPLICANT FOR EMPLOYMENT. A...
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16-22-13.4
Section 16-22-13.4 Fiscal year 2006-2007 adjustments. (a) PAY INCREASES, FY 2006-07. The State
Budget Officer shall allocate to the State Board of Education, the Board of Trustees of the
Alabama Institute for Deaf and Blind, the Board of Youth Services School District, the Board
of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the Alabama
School of Mathematics and Science for disbursement to the employees thereof funds based on
the criteria established in this section. It is not the intent of this section to make appropriations,
but the appropriations required by this section shall be made in the annual budget act for
the public schools and colleges for the designated fiscal years. (1) Certificated personnel
(K-12). For the fiscal year beginning October 1, 2006, and each year thereafter, each certificated
employee at all city and county school systems and the teachers at the Department of Youth
Services School District shall receive a five percent salary...
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16-22-13.5
Section 16-22-13.5 Fiscal year 2007 - 2008 adjustments. (a) Pay increases, FY 2007-08. The
State Budget Officer shall allocate to the State Board of Education, the Board of Trustees
of the Alabama Institute for Deaf and Blind, the Board of Youth Services School District,
the Board of Directors of the Alabama School of Fine Arts, and the Board of Trustees of the
Alabama School of Mathematics and Science and for disbursement to the employees thereof funds
based on the criteria established in this section. It is not the intent of this section to
make appropriations, but the appropriations required by this section shall be made in the
annual budget act for the public schools and colleges for the designated fiscal years. (1)
CERTIFICATED PERSONNEL (K-12). For the fiscal year beginning October 1, 2007, and each year
thereafter, each certificated employee at all city and county school systems and the teachers
at the Department of Youth Services School District shall receive a seven percent...
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