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Drug testing
Oklahoma’s drug testing law applies to public and private employers and permits pre-employment, reasonable suspicion, post-accident, and post-rehabilitation testing. Random testing is allowed although there are some restrictions for public employers.
A public or private employer may request or require an employee or all members of an employment classification or group to undergo random drug or alcohol testing and may limit random testing programs to particular employment classifications or groups.
A public employer may require random testing only of employees who:
Testing as part of a scheduled or periodic fitness-for-duty exam, or in connection with an employee’s return to duty from leave of absence, is permitted. A public or private employer may also request or require an employee who transfers to a different position or job, or who is reassigned to a different position or job, to undergo drug or alcohol testing.
Prior to conducting any drug or alcohol test, the employer must have a written policy. It must describe the specifics of the employer’s drug or alcohol testing program. It must also state the disciplinary actions that may be taken upon a refusal to undergo a drug or alcohol test or for a positive test for the presence of drugs or alcohol.
A policy may include the following information:
When the employer implements or changes a drug testing policy, the employer must give at least 10 days’ notice to employees.
A copy of the company’s policy must be given to each applicant upon acceptance of employment by:
An employer must pay for the cost of the tests. If an employee or applicant requests a confirmation test of a sample within 24 hours of receiving notice of a positive test, the employee or applicant shall pay for the confirmation test unless the confirmation test reverses the findings of the challenged positive test. In that case, the employer must reimburse the individual for the costs of the confirmation test.
An employer may use a single-use test. Laboratories testing for drugs and alcohol must meet specific qualifications. Samples shall be collected and tested only by individuals deemed qualified by the State Board of Health.
Unemployment compensation
Oklahoma’s unemployment compensation law provides that an employee who is discharged on the basis of a refusal to undergo a drug or alcohol test, or a positive drug or alcohol test conducted in accordance with the state’s drug testing law, will be considered to have been discharged for misconduct and will be disqualified from receiving benefits.
In a challenge to positive drug or alcohol test, the claimant has the burden to prove a breach in the chain of custody. The employer must provide the chain of custody documentation at the request of any claimant challenging the test result. When the claimant fails to request a confirmation test, the claimant shall not be eligible for the benefit.
Workers’ compensation
Oklahoma’s workers’ compensation law provides that benefits may be denied when an injury results directly from the abuse of alcohol, illegal drugs or chemicals, or the abuse of prescription drugs. Post-accident drug- and alcohol-test results are admissible as evidence.
Contacts
Regulations
Drug testing
Oklahoma Statute Title 40, §§ 551-565
Unemployment compensation
Oklahoma Statutes, Title 40, §2-406A
Workers’ compensation
Oklahoma Statutes, Title 85, §85-11
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness. Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document