A. Any employer that requests or requires an applicant or employee to undergo drug or alcohol testing shall first adopt a written policy setting forth the specifics of its drug or alcohol testing program, which may include, but is not limited to, the following information:
1. A statement of the employer's policy respecting drug or alcohol use by employees;
2. Which applicants and employees are subject to testing;
3. Circumstances under which testing may be requested or required;
4. Substances which may be tested. It shall be sufficient for an employer to state in the written policy that the substances tested shall be for drugs and alcohol;
5. Testing methods and collection procedures to be used;
6. Consequences of refusing to undergo testing;
7. Potential adverse personnel action which may be taken as a result of a positive test result;
8. The ability of an applicant and employee to explain, in confidence, the test results;
9. The ability of an applicant and employee to obtain copies of all information and records related to that individual's testing;
10. Confidentiality requirements; and
11. The available appeal procedures.
B. An employer who implements a drug or alcohol testing policy or changes its policy, shall provide at least ten (10) days' notice to its employees and shall provide a copy of its policy to each applicant upon his or her acceptance of employment by:
1. Hand-delivery of a paper copy of the policy or changes to the policy;
2. Mailing a paper copy of the policy or changes to the policy through the U.S. Postal Service or a parcel delivery service to the last address given by the employee or applicant;
3. Electronically transmitting a copy of the policy through an e-mail or by posting on the employer's website or intranet site; or
4. Posting a copy in a prominent employee access area.
Laws 1993, c. 355, § 5, emerg. eff. June 10, 1993; Laws 2007, c. 78, § 2, eff. Nov. 1, 2007; Laws 2008, c. 132, § 12, eff. Nov. 1, 2008; Laws 2011, c. 180, § 4, eff. Nov. 1, 2011.
40 Okl. St. Ann. § 555, OK ST T. 40 § 555
Current with legislation of the First Regular Session of the 59th Legislature (2023) and the First Extraordinary Session of the 59th Legislature (2023). Some sections may be more current, see credits for details.