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§ 2-406.1. Discharge for refusal to undergo drug or alcohol testing or positive test

Oklahoma Statutes AnnotatedTitle 40. Labor

Oklahoma Statutes Annotated
Title 40. Labor
Chapter 1. Employment Security Act of 1980 (Refs & Annos)
Article 2. Benefits
Part 4. Disqualification
40 Okl.St.Ann. § 2-406.1
§ 2-406.1. Discharge for refusal to undergo drug or alcohol testing or positive test
Currentness
A. 1. An employee discharged on the basis of a refusal to undergo drug or alcohol testing or a positive drug or alcohol test conducted in accordance with the provisions of the Standards for Workplace Drug and Alcohol Testing Act1 shall be considered to have been discharged for misconduct and shall be disqualified for benefits pursuant to the provisions of Section 2-406 of this title.
2. In any challenge to a positive drug or alcohol test, the claimant has the burden to prove that the test was not properly conducted. The employer must provide the chain of custody documentation at the request of any claimant challenging his or her test result.
3. When the claimant fails to request a confirmation test pursuant to Section 556 of this title, the claimant shall not be eligible for benefits.
B. In any claim brought by the discharged employee for compensation, a written report of the drug or alcohol test results shall be accepted as prima facie evidence of the administration and results of the drug or alcohol test. If challenged by the claimant as provided in paragraph 2 of subsection A of this section, the written report of the drug or alcohol test results shall be acceptable for presentation as evidence with the chain of custody of the sample properly documented.

Credits

Laws 1993, c. 355, § 16, emerg. eff. June 10, 1993. Renumbered from Title 40, § 2-406A and amended by Laws 2006, c. 176, §§ 7, 29, emerg. eff. July 1, 2006. Laws 2007, c. 78, § 1, eff. Nov. 1, 2007; Laws 2012, c. 196, § 3, emerg. eff. May 8, 2012; Laws 2013, c. 148, § 3, eff. Nov. 1, 2013.

Footnotes

1
Title 40, § 551 et seq.
40 Okl. St. Ann. § 2-406.1, OK ST T. 40 § 2-406.1
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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