OKLAHOMA - State laws concerning drug and substance testing and screening whether for purposes of pre-employment screening, for cause and reasonable suspicion, post-accident, periodic and random and rehabilitation.
Oklahoma is a 'mandatory' state, signifying that all drug testing and screening must be conducted following state laws.
Note: Oklahoma employers must have in place an employee assistance policy and program before conducting drug tests.
General Drug Testing / Screening
On-site testing permitted for initial tests only, all 'hits' (non-negative) tests must be confirmed at an accredited lab facility. Only devices approved and inspected by the U.S. Food & Drug Administration (FDA) are to be used.
Specimens to be tested can include urine, saliva and hair: alcohol tests can be done on blood, breath, oral fluid or urine.
Split specimen collection is required.
First screening positives must be confirmed via GC/MS or other approved technology. Breath tests are a confirmatory test for alcohol.
A Medical Review Officer (MRO - a medical doctor) must verify all results.
Reasonable Suspicion or For Cause
- The company shall conduct reasonable suspicion tests when an employee is
reasonably believed to have violated any condition of the company's written drug
and substance screening policy.
- Shall be conducted after an accident that involves a workplace injury and/or
property damage of over $500.00 and where reasonable suspicion exists.
- Announced testing shall be conducted as part of routinely scheduled physical
exams or when all employees in the same job class or employment group are
tested as part of a company physical.
- Testing may be conducted on employees who are participating or have completed
a substance abuse treatment program or 'rehab'. Testing may be done up to
two (2) years following the employee's return to work.
- The company will test applicants once a conditional offer of employment is made. Refusal to take the test or a verified positive will result in the conditional offer being revoked.
10 Steps for Avoiding Legal Problems with Drug Testing Programs
An employer should consider the many and varying Federal, State and locals laws when designing and starting a drug-free workplace. The huge number and overlapping aspects of various statutes can make implementing such a program seem extremely difficult. However, employers can take easy and practical steps to avoid many problems.
- Contract with Indepth Profiles to help you implement a proven and legally-compliant drug testing program to suit your company's requirements. Prepared, vetted and continually updated by legal experts in the drug testing field, our comprehensive program implementation can help your company decrease workplace dangers and liabilities that can result from illicit and illegal use of controlled and prescription substances.
- Ensure that your policy clearly states penalties for violations. Specify for what will you be testing and specific consequences for positive tests and for refusal to test.
- Make sure ALL employees receive a written copy of the policy and ensure that a signed copy is maintained in their permanent employee file.
- Make sure all supervisors receive proper, updated training in detection and response to workplace alcohol and drug abuse.
- Ensure that detailed, objective records are kept concerning employee performance. Such records can establish a basis for referring employees to company assistance programs.
- Never take disciplinary action against nor accuse an employee of a violation because an employee acts as though they are impaired. Attempt to clarify any reasons and if reasonable suspicion exists, obtain a confirmatory test result prior to any disciplinary action.
- Keep all discussions with a specific employee concerning specific concerns strictly confidential and away from any co-workers. Ideally at least two supervisors should be included in such discussion to serve as witnesses.
- Never single out any employee or group or category of employees for 'special treatment' whether discipline or rehabilitation. Any inconsistency can result in charges of discrimination.
- Attempt to personally get to know employees as this may help identify those who are in trouble or may be developing substance abuse problems.
- Most important, try to involve employees at all levels of your workplace in developing and implementing the company's drug-free workplace policy. This helps ensure fairness and helps all involved better understand the reasons for the drug-free program.
- All company employees and new hires to receive a current policy and receive written changes in the policy.
- Policy must be posted at the work site or office in a prominent location.
- Employees must be granted 30 days to review a revised or new policy.
- The company shall pay for all drug testing and screening and all related transportation costs. Employees re-tests may be at their own expense but shall be reimbursed upon a second result of negative.
- Employees shall be compensated for time while drug testing.
- At no time shall there be any direct observation of the sample collection.
- The company shall take no disciplinary action against any employee until confirmation of test results. The company may reserve the right to suspend or transfer an employee pending a confirmed result.
- An employee who refuses to be tested may have disciplinary action taken against them. For purposes of unemployment claims, employees who refuse to be tested will be considered to have been discharged for misconduct.
- Employees and applicants with a confirmed positive test will be given an opportunity to confidentially explain any extenuating circumstances.
- Employees and applicants with a confirmed positive result will have the option to take a retest on the split specimen of the original sample. The employee must pay for the retest to be conducted by a certified laboratory of the employee's choosing. If the confirmatory retest turns out negative, the company shall not take disciplinary action and shall reimburse the employee the cost of the test.
- All information and written documents relating to drug testing or screening are strictly confidential and shall not be disclosed under any circumstance or in any manner unless required by law or with the employee's written, signed permission.
- Employees and applicants are required by law and upon request to be supplied with all records and information related to their drug testing.