2014 Oklahoma Statutes
Title 40. Labor
§40-554. Drug or alcohol testing by employers - Restrictions.

Employers may conduct drug and alcohol testing in accordance with the Standards for Workplace Drug and Alcohol Testing Act. Employers who choose to conduct drug or alcohol testing may only request or require an applicant or employee to undergo testing under any of the following circumstances:

1. Applicant and transfer/reassignment testing: A public or private employer may request or require an applicant to undergo drug or alcohol testing and may use a refusal to undergo testing or a positive test result as a basis for refusal to hire. 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;

2. For-cause testing: A public or private employer may request or require an employee to undergo drug or alcohol testing at any time it reasonably believes that the employee may be under the influence of drugs or alcohol, including, but not limited to, the following circumstances:

a.drugs or alcohol on or about the employee's person or in the employee's vicinity,

b.conduct on the employee's part that suggests impairment or influence of drugs or alcohol,

c.a report of drug or alcohol use while at work or on duty,

d.information that an employee has tampered with drug or alcohol testing at any time,

e.negative performance patterns, or

f.excessive or unexplained absenteeism or tardiness;

3. Post-accident testing: A public or private employer may require an employee to undergo drug or alcohol testing if the employee or another person has sustained an injury while at work or property has been damaged while at work, including damage to equipment. For purposes of workers' compensation, no employee who tests positive for the presence of substances defined and consumed pursuant to Section 465.20 of Title 63 of the Oklahoma Statutes, alcohol, illegal drugs, or illegally used chemicals, or refuses to take a drug or alcohol test required by the employer, shall be eligible for such compensation;

4. Random testing: A public or private employer may request or require an employee or all members of an employment classification or group to undergo drug or alcohol testing at random and may limit its random testing programs to particular employment classifications or groups, except that a public employer may require random testing only of employees who:

a.are police or peace officers,

b.have drug interdiction responsibilities,

c.are authorized to carry firearms,

d.are engaged in activities which directly affect the safety of others,

e.are working for a public hospital including any hospital owned or operated by a municipality, county, or public trust, or

f.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;

5. Scheduled, fitness-for-duty, return from leave and other periodic testing: A public or private employer may request or require an employee to undergo drug or alcohol testing if the test is conducted as a routine part of a routinely scheduled employee fitness-for-duty medical examination, or is requested or required by the employer in connection with an employee's return to duty from leave of absence, or which is scheduled routinely as part of the employer's written policy, except that a public employer may require scheduled, periodic testing only of employees who:

a.are police or peace officers,

b.have drug interdiction responsibilities,

c.are authorized to carry firearms,

d.are engaged in activities which directly affect the safety of others,

e.are working for a public hospital including any hospital owned or operated by a municipality, county, or public trust, or

f.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; and

6. Post-rehabilitation testing: A public or private employer may request or require an employee to undergo drug or alcohol testing for a period of up to two (2) years commencing with the employee's return to work, following a positive test or following participation in a drug or alcohol dependency treatment program.

Added by Laws 1993, c. 355, § 4, emerg. eff. June 10, 1993. Amended by Laws 2001, 1st Ex. Sess., c. 3, § 1, emerg. eff. Oct. 23, 2001; Laws 2005, 1st Ex. Sess., c. 1, § 4, eff. July 1, 2005; Laws 2008, c. 132, § 11, eff. Nov. 1, 2008; Laws 2011, c. 180, § 3, eff. Nov. 1, 2011; Laws 2012, c. 196, § 18, emerg. eff. May 8, 2012.