Employment: New Drug and Alcohol Testing Law Goes Into Effect November 1


As we discussed in our July e-newsletter, employers who test Oklahoma employees for drugs or alcohol must comply with the new law on November 1. For most of you, this will involve changes to your written policy which should be distributed to employees at least ten days prior to November 1. Here are some of the highlights:

  • You can no longer conduct "reasonable suspicion" testing. It is now called "for cause" testing and has a different definition.
  • "Post-accident" testing no longer requires property damage to equal or exceed $500.
  • "Random" testing has been clarified, and there are new rules for public hospitals.
  • There are new rules for public hospitals with regard to "Scheduled, periodic" testing.
  • Employees and applicants now have only 24 hours from receipt of results in which to request a re-test to challenge the results.
  • Employers now have more discretion with regard to the discipline to be imposed, provided the employers state it in the policy.
  • New provisions regarding the testing of the employees of independent contractors / subcontractors, and communication of results thereof.
  • Changes to your policy must be communicated ten days in advance of implementation (reduced from thirty days).

If you have not yet begun the revisions to your policy, now is the time. By Kristen L. Brightmire, kbrightmire@dsda.com

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Justin B. Munn

Justin B. Munn

Justin represents clients throughout Oklahoma in family law, civil litigation, guardianships, adoptions, estate planning, trust and probate matters. 

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