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25-5-335
require the employee to submit to a substance abuse test as a follow-up to the program. Notwithstanding
the foregoing, if an employee voluntarily entered the program, follow-up testing shall not
be required. If follow-up testing is conducted, the frequency of the testing shall be at least
once a year for a two-year period after completion of the program and advance notice of the
testing date shall not be given to the employee. (5) If the employee has caused or contributed
to an on-the-job injury which resulted in a loss of work time, the employer shall require
the employee to submit to a substance abuse test. (b) Nothing in this article shall prohibit
a private employer from conducting random testing or other lawful testing of employees. (c)
All specimen collection and testing under this article shall be performed in accordance with
the following procedures: (1) A specimen shall be collected with due regard to the privacy
of the individual providing the specimen, and in a manner...
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25-5-331
sensitivity, and quantitative accuracy. (4) DRUG. Amphetamines, cannabinoids, cocaine, phencyclidine
(PCP), methadone, methaqualone, opiates, barbituates, benzodiazepines, propoxyphene, or a
metabolite of any of the substances. (5) EMPLOYEE. Any person who works for salary, wages,
or other remuneration for an employer. (6) EMPLOYEE ASSISTANCE PROGRAM. A program designed
to assist in the identification and resolution of job performance problems associated with
employees impaired by personal concerns. A minimum level of core services shall include
consultation and training; professional, confidential, appropriate, and timely problem assessment
services; short-term problem resolution; referrals for appropriate diagnosis, treatment, and
assistance; follow-up and monitoring; employee education; and quality assurance. (7) EMPLOYER.
A person or entity that is subject to the Alabama Workers' Compensation Law, except that this
article shall not apply to individual self-insurers or...
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25-5-334
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...
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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
Place of abode, domicile, or dwelling with intention to remain permanently and continuously
or for an indefinite or uncertain length of time. (30) SEX CRIME. Includes any sex offense
listed in Section 15-20A-5. (31) SUITABILITY CRITERIA. a. Convictions for any of the following
crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves
the physical or mental injury or maltreatment of a child, the elderly, or an individual
with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or
distribution of a controlled substance. 6. A crime or offense committed in another state or
under federal law which would constitute any of the above crimes in this state. b. Conviction
for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. ยง 671(a)(20) shall
disqualify a person from being approved or continuing to be approved...
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16-22A-3
the employee to teach or have responsibility for the safety and well-being of children, or
both, as defined in this chapter. (17) SUITABILITY CRITERIA. a. Suitability Criteria for Nonpublic
Employment. Pertains to an applicant for employment, nonpublic current employee, or a current
employee under review in a nonpublic school. An individual who has not been convicted of a
child abuse crime, as defined herein as a crime committed under the law of the state that
involves the physical or mental injury, sexual abuse or exploitation, or maltreatment
of a child, shall be deemed suitable for employment. b. Suitability Criteria for Public Employment.
Pertains to an applicant for certification, certified applicant for employment, current public
certified employee, current public noncertified employee, and current employee under review
in a public school. An individual who has not been convicted of a child abuse crime, as defined
herein as a crime committed under the law of the state that...
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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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