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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 40, § 40-2-406.1: Discharge for refusal to undergo drug or alcohol

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Where this section sits in the code
  1. OK Code
  2. Title 40

testing or positive test.

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 Act 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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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