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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 40. LABOR

  § 40-555. Written policy required - Notice of policy changes - Distribution.  

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  • 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.

Added by Laws 1993, c. 355, § 5, emerg. eff. June 10, 1993.  Amended by 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.