State Laws on Drug Testing Oklahoma

Oklahoma is a mandatory state, meaning there are rules applicable to private, nonregulated employers who choose to test that must be followed.  This applies only to those employees assigned to work at any Oklahoma site. In addition to these rules all employees must comply with the Company’s general substance abuse policies. Where these rules conflict with the general Company substance abuse policy, these rules will govern. Otherwise employees must adhere to both.

There must be a written policy and it must be distributed to all employees. The following provisions apply:

  1. The Company may test for any Controlled Substance in Sch. I-III, but only those in Schedules I – III and alcohol.
  2. The Company will only contract with and allow testing in a laboratory qualified/licensed per OK law; all samples initially positive will be confirmed; results will be available for copying.
  3. Drug testing can be performed with urine, saliva or hair.  Alcohol testing can be performed with breath or saliva.
  4. Instant testing may only be conducted by facilties unless meeting the qualifications established for testing facilities pursuant to State law.
  5. No direct observed collections allowed for non-DOT testing.
  6. All required test time for testing is considered “on duty” time for compensation and benefits purposes.
  7. For purposes of workers’ compensation, no employee who tests positive for the presence of [“huffing”] substances, alcohol, illegal drugs, or illegally used chemicals, or refuses to take a drug or alcohol test required by the Company, shall be eligible for such compensation.
  8. Follow-up tests are limited to a 2-year period after the employee returns to work.
  9. An alcohol concentration of 0.02 or greater shall be considered a positive initial test for alcohol and shall be confirmed as required.

In all other situations the Company’s General Drug Free Workplace Program policy will apply

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