Drug and Alcohol Testing in Oklahoma

Oklahoma's Standards for Workplace Drug and Alcohol Testing Act does not require that employers conduct drug or alcohol testing, rather it states that employers that choose to conduct drug or alcohol testing must abide by its provisions. Exempt from the requirement that drug or alcohol testing be conducted according to state law is testing that is required by and conducted according to federal law or regulation. Further, collective bargaining agreements may provide greater protection for employees and job applicants than the protection provided by state law.

Employers are authorized to conduct all of the types of tests that follow: testing of all job applicants upon a conditional offer of employment; testing upon reasonable suspicion that the employee has violated the employer's written policy; post-accident testing if the employer has a reasonable suspicion that there was injury or damage as a direct result of the employee's use of drugs or alcohol; random testing; routine physical exams if required of all employees in a classification or group under a written policy; follow-up testing without prior notice if the employee had a confirmed positive result or participated in a drug or alcohol dependency treatment program.

No disciplinary action, except for a temporary suspension or a temporary transfer to another position, may be taken by an employer against an employee based on a positive test result unless the test result has been confirmed by a second test using gas chromatography, gas chromatography-mass spectroscopy, or an equivalent scientifically accepted method of equal or greater accuracy as approved by rule of the State Board of Health, at the cutoff levels determined by Board rule.

An employer may take disciplinary action against an employee who refuses to undergo drug or alcohol testing

Employee assistance programs. Employers may not require employees to submit to drug or alcohol testing unless the employer provides its employees with an employee assistance program, either in house or through a contracted program, that, at a minimum, provides drug and alcohol dependency evaluation and referral services for substance abuse counseling, treatment or rehabilitation.

Notice. Employers implementing a drug or alcohol testing policy for the first time, or implementing policy changes, must provide at least 30 days' notice to employees prior to such implementation or changes.

No employer may request or require an applicant or employee to undergo drug or alcohol testing unless the employer has first adopted a written, detailed policy setting forth the specifics of its drug or alcohol testing program.

"Testing facility" means any person, including a laboratory, hospital, clinic or facility, either on or off the premises of the employer, which provides laboratory services to test for the presence of drug or alcohol in the human body.