...
Summary of differences between federal and state regulations
The federal laws which govern medical exams for employment purposes are the Americans with Disabilities Act (ADA), federal drug testing guidelines under the Omnibus Transportation Employee Testing Act, and the Health Insurance Portability and Accountability Act (HIPAA). A federal executive order prohibits federal employers from requesting genetic tests as a condition of employment, but there are as yet no provisions relating to private employers.
The ADA governs medical testing in relation to applicants and employees with disabilities. For more information on the ADA, see the Americans with Disabilities Act topic.
Drug tests are not considered medical examinations under the ADA, but the records of such tests are considered confidential medical records from a privacy standpoint, and certain procedures must be followed in conducting the tests. For more information, see the section on Drug Testing.
For more information on privacy and medical records, see the Health Insurance Portability and Accountability Act topic.
Drug test information
Oklahoma law requires that all drug and alcohol test results and related information must be maintained as confidential records separate from other personnel records and may not be used in any criminal proceeding against the individual except in limited circumstances.
Genetic test
An employer may not require a genetic test of an employee or prospective employee except as it relates to the determination of insurance coverage or benefits.
Payment of exam
An employer may not require an employee or applicant to take a physical or medical exam as a condition of employment unless the employer pays the full cost and provides the individual with a copy of the exam report with 30 days upon request.
State
Contact
Regulations
Drug test information
Oklahoma Statutes Title 40, §40-560
Genetic test
Oklahoma Statutes Title 36, §36-3614.2
Payment of exam
Oklahoma Statutes Title 40, §40-191
Federal
Contacts
Americans with Disabilities Act (ADA)
Drug testing
US Department of Transportation
Health Insurance Portability and Accountability Act (HIPAA)
Regulations
Americans with Disabilities Act (ADA)
29 CFR 1600, 1601, 1602, 1603, 1604,
1605, 1606, 1607, 1608, 1610, 1611,
1612, 1614, 1620, 1621, 1625, 1626,
1627, 1630, 1635, 1640, 1641
1650, 1690, 1691
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Health Insurance Portability and Accountability Act (HIPAA)
45 CFR Subchapter B – Parts 144, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, Subchapter C – 160, 162, 164,
Public Law 104-191 (104th Congress)