| 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. |
| Pass Drug Testing Bulletpoints: |
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1) Who Must Test
Drug testing laws in the state of Oklahoma apply to all employers in the
public sector. The laws also apply to all applicants or employees working
within the limits on the state except for those tests that are federally
ordered.
2) Types of Drugs
The general definition of drugs in the state of Oklahoma are substances or
derivatives of cannabinoids, phencyclidine also known as PCP, amphetamines,
cocaine, hallucinogens, opiates, methaqualone, barbiturates, synthetic
narcotics, benzodiazepines and what are known as designer drugs.
3) Disclosure
Oklahoma has strict rules about company drug policies. It requires companies
to put up a notice 30 days before the beginning of the testing process.
Written notices are even required if there is a change in the existing
testing program. Besides putting up notices in prominent places in the work
area, the law also states that each employee should be given a copy of the
notice. Applicants who have been made conditional offer are also to be given
a written notice.
4) Company Statutes
Given that the law is so strict about company disclosure, it is quite
natural that companies are also expected, as per the law, to have a very
detailed written policy on drug testing and abuse. The law outlines the
contents of the policy and employees can expect to see such a policy with
their employer.
5) Who Pays
Laws in Oklahoma state that the employer has to bear all the costs of the
drug testing. Transportation, within reason should also be borne by the
employer if the testing centre is located away from the place of work.
Subsequently if there are costs of treatment and retests that are requested
for by the employee, the employee is required to pay for the same. For
people who are currently employed with the employer in question, testing is
required to take place immediately after working hours and the time that is
spent at the test centre has to be considered as work hours and due
compensation is to be given for the same.
6) When and who can be tested?
According to the law a public employer is allowed the discretion of random
testing for jobs that fall in certain categories. An employer can also
choose to test an employee if there is suspicion or doubt that company
policies are being or have been violated. If it is the general rule that
applicants have to be tested too then applicants can be tested post being
made an offer by the employer.
7) Where can the testing take place?
The state allows employers to have their own testing facilities in house.
However setting up these testing facilities can become quite problematic for
the employer as there are a lot of confusing and detailed rules that need to
be followed for this purpose. Testing facilities also need to be registered
with the state in order to be able to conduct their own tests. If in house
testing is not done, testing is required to take place at a lab that is
approved by the state.
8) The consequences of a positive result
As per the state law there is no limit on disciplinary measure that can be
taken on an employee found using drugs. The employer can even relieve him of
his job on the grounds of misconduct and violation of employer policy.
9) Employee support
The state requires that all employers have an assistance program for
employees. This could either be provided be an external vendor or it could
be an in-house program that provide employees with dependency evaluation,
counseling, rehabilitation and treatment.
10) Worker’s compensation benefits
Any employee found to be using drugs or under the influence of alcohol at
the time of an accident or injury is not eligible for compensation benefits
unless he or she can provide evidence that the drugs or alcohol was not the
cause of accident or injury.
PASS A DRUG TEST IN OKLAHOMA
