Oklahoma Drug Testing Laws and Regulations

State:	Oklahoma

Statute of Order:	OK Stat. Tit. 40 §551-565

Covered Employers:	Public and private employers

Applicant Testing:	Applicant testing authorized with advance notice to applicant and after offer of employment has been made. Notice to be in writing, describing methods, procedures, and policies in detail.

Employee Testing:	Employees testing authorized on 30 days' advance notice to employees of policy describing the potential discipline for positive test result.

Conditions & Methods:	Procedures must ensure privacy and confidentiality of results. Confirming test in case of positive findings.

Important Bulletpoints:	Apart from compliant applicant testing upon conditional offer of employment, authorized chemical tests for controlled substances include reasonable suspicion, post-accident, random testing (with restrictions to public employers for specific positions; unrestricted for private employers), as part of periodic fitness-for-duty medical examination (same restrictions for public employers apply), and post-rehabilitation testing. The employer’s drug or alcohol testing policy must be compliant with the provisions of the Standards for Workplace Drug and Alcohol Testing Act and must be communicated to employees and prospective employees through posting at prominent employee access areas, personally handing a copy of the policy, through mail, or via e-mail with document receipt capability. The employer shall pay for all costs of the drug or alcohol testing as required including confirmation tests and transportation costs of the employee to the testing laboratory. Employee requested retests for confirmed positives to be paid by the employee unless the results of the retesting come out negative. In such cases the employer pays for the cost of the retest. The time allotted to the tests is to be considered as compensable work time. Collection of samples may be performed on-site but only by qualified individuals as determined by the State Board of Health. Actual testing must be conducted at licensed testing facilities only. An employer requiring or requesting an employee to undergo drug or alcohol testing must also provide an employee assistance program, either in-house or contracted, that provides at the minimum substance dependency evaluation and referral services for counseling, treatment and rehabilitation. An employer may only take adverse employment action upon a confirmed positive test result. An employee’s refusal to undergo compliant drug or alcohol testing is also a basis for disciplinary action. For cases of refusal to test or a confirmed positive test, the employee is considered discharged for misconduct and may be ineligible for benefits.

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Oklahoma Drug Testing Laws and Regulations

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