Drug testing by employers in Oklahoma is governed by these state rules.
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.
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 under certain circumstances and for specific professions
- 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
Drug Testing Requirements
An employer's drug and/or alcohol testing policy must include substances that may be tested, but it is sufficient for an employer to state in the written policy that the substances tested are drugs and alcohol.
An employer may take disciplinary action against an employee (including discharge) who refuses to undergo drug or alcohol testing or who tests positive for the presence of drugs or alcohol.
Employers implementing a drug or alcohol testing policy for the first time, or implementing policy changes, must provide at least 10 days' notice to employees prior to such implementation or changes.
An employer may not 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.
A "testing facility" means a facility that provides laboratory services to test samples for the presence of drug or alcohol in the human body.
Employers who implement a drug or alcohol testing policy or change their policy must provide a copy of the policy to employees or applicants upon their acceptance of a position. Delivery may be in person, through the mail, electronically or by posting a copy of the policy in a prominent employee access area.