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:
  • 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.
  • 10 Things to Know To Pass A Drug Test In Oklahoma

    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.

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