The Oklahoma Workplace Drug and Alcohol Testing Act regulates both private and public sectors of employment drug testing in Oklahoma. According to the act, employers are required to implement a drug-testing policy that details the procedures of the testing program, substances which will be tested, and all other requirements mentioned in § 40-555. An employer may test applicants provided that the subject has been give prior notice and has reviewed the drug-testing policy. In the case of employee testing, subjects should also be provided with a copy of the drug-testing policy for review.
Can Current Employees be Tested? Yes, under the following conditions:
- Position re-assignment
- Reasonable suspicion
- Following a rehabilitation program
- Routine fitness-for-duty testing
Is Certified Drug Testing Required? Yes.
What Can be Tested? Tissue, fluid or other bodily product capable of showing evidence of alcohol or drugs.
How to Conduct a Legal Drug Test
Step 1 – The subject of the test should complete a Drug Test Release Form to indicate their consent to being tested. A sample may then be taken from the subject. Urine, saliva, or hair can be collected for initial drug tests. Breath or saliva may be used for the initial testing of alcohol.
Step 3 – If the tests results return as positive, a secondary test should be conducted, at the applicant or employee’s expense, within twenty four (24) hours. In regards to drug testing, a urine or saliva sample must be tested at a SAMHSA approved laboratory while hair samples need to be brought to one (1) of the Oklahoma State Department of Health approved facilities (see page 102 of the Office Directory). A confirmation test of alcohol may be confirmed by a blood or breath sample tested at an Oklahoma State Department of Health approved facility.
Step 4 – An applicant or employee who tests negative to a confirmation test should be reimbursed for the cost of the test. Otherwise, an applicant who refuses to be tested or test positive for drugs or alcohol may be dismissed from employment consideration. An employee who tests positive may be disciplined up to the extent permitted in the drug-testing policy, including termination from employment.