Employers who choose to conduct drug or alcohol testing may only request or require an applicant or employee to undergo testing under the following circumstances:

1. 1. Applicant testing: A public or private employer may request or require a job applicant, upon a conditional offer of employment, to undergo drug or alcohol testing and may use a refusal to undergo testing or a confirmed positive test result as a basis for refusal to hire, provided that such testing does not violate the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C., Section 12101 et seq., and provided that such testing is required for all applicants who have received a conditional offer of employment for a particular employment classification;
2. 2. Reasonable suspicion testing: A public or private employer may request or require an employee to undergo drug or alcohol testing if the employer has a reasonable suspicion that the employee has violated the employer’s written policy;
3. 3. Post-accident testing: A public or private employer may require an employee to undergo drug or alcohol testing if the employee or another person has sustained a work-related injury or the employer’s property has been damaged, including damage to equipment, in an amount reasonably estimated at the time of the accident to exceed Five Hundred Dollars ($500.00). For purposes of workers’ compensation, no employee who tests positive for the presence of substances defined and consumed pursuant to Section 465.20 of Title 63 of the Oklahoma Statutes, alcohol, illegal drugs, or illegally used chemicals shall be eligible for such compensation unless the employee proves by a preponderance of the evidence that the substances, alcohol, illegal drugs, or illegally used chemicals were not the proximate cause of the injury or accident;

4. 4. Random testing: A public or private employer may request or require an employee to undergo drug or alcohol testing on a random selection basis, except that a public employer may require random testing only of employees who:

   1. a. are police or peace officers,
   2. b. have drug interdiction responsibilities,
   3. c. are authorized to carry firearms,
   4. d. are engaged in activities which directly affect the safety of others, or
   5. e. work in direct contact with inmates in the custody of the Department of Corrections or work in direct contact with juvenile delinquents or children in need of supervision in the custody of the Department of Human Services;

5. 5. Scheduled, periodic testing: A public or private employer may request or require an employee to undergo drug or alcohol testing if the test is conducted as a routine part of a routinely scheduled employee fitness-for-duty medical examination or is scheduled routinely for all members of an employment classification or group and which is part of the employer’s written policy, except that a public employer may require scheduled, periodic testing only of employees who:

   1. a. are police or peace officers,
   2. b. have drug interdiction responsibilities,
   3. c. are authorized to carry firearms,
   4. d. are engaged in activities which directly affect the safety of others, or
   5. e. work in direct contact with inmates in the custody of the Department of Corrections or work in direct contact with juvenile delinquents or children in need of supervision in the custody of the Department of Human Services; and
6. 6. Post-rehabilitation testing: A public or private employer may request or require an employee to undergo drug or alcohol testing without prior notice for a period of up to two (2) years commencing with the employee’s return to work, following a confirmed positive test or following participation in a drug or alcohol dependency treatment program under an employee benefit plan or at the request of the employer.

Added by Laws 1993, SB 143, c. 355, § 4, emerg. eff. June 10, 1993; Amended by Laws 2001, 1st Extr. Sess., HB 1003, c. 3, § 1, emerg. eff. October 23, 2001 (superseded document available); Amended by Laws 2005, 1st Extr. Sess., SB 1, c. 1, § 4, emerg. eff. July 1, 2005 (superseded document available); Amended by Laws 2008, HB 1531, c. 132, § 11, eff. November 11, 2008 (superseded document available).