OKLAHOMA HAS PASSED A MEDICINAL MAIRIUNA LAW.
PUBLIC AND PRIVATE EMPLOYERS APPLICANT TESTING:
Applicant testing is authorized with advance notice to the applicant and after an offer of employment has been made. Notice has to be in writing, describing methods, procedures, and policies in detail. Refusal to undergo drug testing or positive drug test are grounds for not hiring said applicant.
Employees testing is authorized on 30 days advance notice to employees of policy describing the potential discipline for a positive test result. For-cause drug testing, post-accident testing, and random drug testing are permissible. Scheduled and Random drug testing is mandatory for police or peace officers; those who are authorized to carry firearms; those whose jobs directly affect the safety of the public; those who work in public hospitals and health centers; and those who work in correctional facilities.
CONDITIONS & METHODS:
Testing facilities must be duly approved by the health department. The specimen shall be collected by qualified personnel. Procedures must ensure privacy and confidentiality of results. Confirming test must be conducted in the case of positive findings.
Apart from compliant applicant testing upon conditional offer of employment, authorized chemical tests for controlled substances include reasonable suspicion, post-accident, random testing (with restrictions to public employers for specific positions; unrestricted for private employers), as part of periodic fitness-for-duty medical examination (same restrictions for public employers apply), and post-rehabilitation testing.
The employer’s drug or alcohol testing policy must be compliant with the provisions of the Standards for Workplace Drug and Alcohol Testing Act and must be communicated to employees and prospective employees through posting at prominent employee access areas, personally handing a copy of the policy, through the mail, or via e-mail with document receipt capability.
The employer shall pay for all costs of the drug or alcohol testing as required and transportation expenses of the specimen to the testing laboratory. Employee's who request a retest for positive to be paid by the employee unless the results of the retesting returns a negative In such cases the employer pays for the cost of the retest. The time allotted to the tests is to be considered as compensable work time.
The collection of samples may be performed on-site but only by qualified individuals as determined by the State Board of Health. Actual testing must be conducted at licensed testing facilities only or on-site by an approved business.
Employer's requiring or requesting an employee to undergo drug or alcohol testing must also provide an employee assistance program, either in-house or contracted, that provides at the minimum, substance dependency evaluation and referral services for counseling, treatment, and rehabilitation.
An employer may only take adverse employment action upon a confirmed positive test result. An employee’s refusal to undergo drug or alcohol testing is also a basis for disciplinary action. For cases of refusal to test or a confirmed positive test, the employee is considered discharged for misconduct and is ineligible for unemployment benefits.
An employee discharged due to a positive drug test or his refusal to undergo drug testing is considered discharged for misconduct and cannot avail of unemployment benefits.