NOTE: Oklahoma employers must have an employee assistance program in place in order to drug test employees.
This is a “mandatory” state, meaning, if an employer chooses to conduct drug or alcohol testing, such tests must be conducted per state law.
General Drug Testing
- On-site testing is permitted for initial tests only; all non-negative results must be confirmed at an approved laboratory. Only devices approved by the U.S. Food & Drug Administration are permitted.
- Appropriate specimens for drug testing include urine, saliva and hair; for alcohol testing blood, breath, oral fluid and urine.
- Split specimen collections are required.
- All initial screen positives must be confirmed via GC/MS or an equivalent technology. Evidential breath tests are considered a confirmatory test for alcohol screens.
- A Medical Review Officer (MRO) must verify test results.
- Reasonable Suspicion or For Cause
The Company will conduct reasonable suspicion testing when there is reason to believe an employee has violated any of the conditions of the Company’s written policy.
The Company will conduct post-accident testing when an accident results in property damage in excess of $500 or when a work-related injury occurs and there is reasonable suspicion that the accident was the result of an employee’s use of alcohol or drugs.
The Company will conduct periodic announced testing as part of routinely scheduled physical exams or when all employees in the same employment group are required to be tested as part of a physical.
The Company may conduct drug testing of employees who are either participating in or who have successfully completed a substance abuse treatment program. Such testing may be conducted for up to two years following the individual’s return to work.
The Company will test applicants once a conditional offer of employment has been made. A positive test result or refusal to take the test will result in the individual not being hired.
(INCLUDE ANY OF THE FOLLOWING POINTS IF NOT ALREADY COVERED IN THE GENERAL POLICY)
- All COMPANY employees and new hires will receive a copy of the policy and/or any changes made to the policy.
- The policy will be posted in a prominent location at the work site.
- Employees must be given 30 days to review a new or revised drug-testing program.
- COMPANY will pay for all drug tests and any related transportation costs. Employees may be required to pay for re-tests, but the Company will reimburse such costs if the second test result is negative.
- Time spent testing is considered work time for compensation purposes.
- Testing will occur during or immediately after regular work time for employees and shall be considered work for purposes of benefits and compensation.
- There shall be no direct observation of the collection of a sample.
- COMPANY will not take disciplinary action against an employee until a test has been confirmed. COMPANY reserves the right to temporarily suspend or transfer a worker to another position pending the confirmed result of a test.
- Disciplinary action may be taken against an employee who refuses to be tested. Employees discharged for refusal to be tested will be considered to have been discharged for misconduct for unemployment compensation benefits purposes.
- Employees and applicants who have a confirmed positive test result will be given the opportunity to explain, in confidence, the test result.
- Employees and applicants who have a confirmed positive test result will be given the opportunity to have confirmatory retest conducted on the original sample (the second specimen of a split sample). The test will be paid for by the employee and must take place a certified laboratory of the employee’s choosing. If the confirmatory retest does not confirm the original test result, the company will not take disciplinary action against the employee and the cost of the test will be reimbursed.
- All information or written documentation relative to drug testing is considered confidential and will not be disclosed in any manner unless required to so by law or with written permission of the employee.
- Employees and applicants my obtain all information and records related to individual test results.