Drug testing - Oklahoma

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:

• Are police or peace officers,
• Have drug interdiction responsibilities,
• Are authorized to carry firearms,
• Are engaged in activities which directly affect the safety of others,
• Are working for a public hospital or work in direct contact with inmates in the custody of the Department of Corrections or work in direct contact with juvenile delinquents or children in need of supervision in the custody of the Department of Human Services.

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:

• A statement of the employer’s policy respecting drug or alcohol use by employees;
• Which applicants and employees are subject to testing;
• Circumstances under which testing may be requested or required;
• Substances which may be tested. It shall be sufficient for an employer to state in the written policy that the substances tested for shall be drugs and alcohol;
• Testing methods and collection procedures to be used;
• Consequences of refusing to undergo testing;
• Potential adverse personnel action which may be taken as a result of a positive test result;
• The ability of an applicant and employee to explain, in confidence, the test results;
• The ability of an applicant and employee to obtain copies of all information and records related to that individual's testing;
• Confidentiality requirements; and
• The available appeal procedures.

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:

• Hand-delivery of a paper copy of the policy or changes to the policy;
• Mailing a paper copy of the policy or changes to the policy through the U.S. Postal Service or a parcel delivery service to the last address given by the employee or applicant;
• Electronically transmitting a copy of the policy through an e-mail or by posting on the employer’s website or intranet site; or
• Posting a copy in a prominent employee access area.

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 a 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.