{"data":{"id":"us-ok/okla.-stat.-tit.-40-40-554","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 40, § 40-554","heading":"Drug or alcohol testing by employers - Restrictions","body":"Employers may conduct drug and alcohol testing in accordance\n\nwith the Standards for Workplace Drug and Alcohol Testing Act.\n\nEmployers who choose to conduct drug or alcohol testing may only\n\nrequest or require an applicant or employee to undergo testing under\n\nany of the following circumstances:\n\n1. Applicant and transfer/reassignment testing: A public or\n\nprivate employer may request or require an applicant to undergo drug\n\nor alcohol testing and may use a refusal to undergo testing or a\n\npositive test result as a basis for refusal to hire. A public or\n\nprivate employer may also request or require an employee who\n\ntransfers to a different position or job, or who is reassigned to a\n\ndifferent position or job, to undergo drug or alcohol testing;\n\n2. For-cause testing: A public or private employer may request\n\nor require an employee to undergo drug or alcohol testing at any\n\ntime it reasonably believes that the employee may be under the\n\ninfluence of drugs or alcohol, including, but not limited to, the\n\nfollowing circumstances:\n\na. drugs or alcohol on or about the employee's person or\n\nin the employee's vicinity,\n\nb. conduct on the employee's part that suggests\n\nimpairment or influence of drugs or alcohol,\n\nc. a report of drug or alcohol use while at work or on\n\nduty,\n\nd. information that an employee has tampered with drug or\n\nalcohol testing at any time,\n\ne. negative performance patterns, or\n\nf. excessive or unexplained absenteeism or tardiness;\n\n3. Post-accident testing: A public or private employer may\n\nrequire an employee to undergo drug or alcohol testing if the\n\nemployee or another person has sustained an injury while at work or\n\nproperty has been damaged while at work, including damage to\n\nequipment. For purposes of workers' compensation, no employee who\n\ntests positive for the presence of substances defined and consumed\n\npursuant to Section 465.20 of Title 63 of the Oklahoma Statutes,\n\nalcohol, illegal drugs, or illegally used chemicals, or refuses to\n\ntake a drug or alcohol test required by the employer, shall be\n\neligible for such compensation;\n\n4. Random testing: A public or private employer may request or\n\nrequire an employee or all members of an employment classification\n\nor group to undergo drug or alcohol testing at random and may limit\n\nits random testing programs to particular employment classifications\n\nor groups, except that a public employer may require random testing\n\nonly of employees who:\n\na. are police or peace officers,\n\nb. have drug interdiction responsibilities,\n\nc. are authorized to carry firearms,\n\nd. are engaged in activities which directly affect the\n\nsafety of others,\n\ne. are working for a public hospital including any\n\nhospital owned or operated by a municipality, county,\n\nor public trust, or\n\nf. work in direct contact with inmates in the custody of\n\nthe Department of Corrections or work in direct\n\ncontact with juvenile delinquents or children in need\n\nof supervision in the custody of the Department of\n\nHuman Services;\n\n5. Scheduled, fitness-for-duty, return from leave and other\n\nperiodic testing: A public or private employer may request or\n\nrequire an employee to undergo drug or alcohol testing if the test\n\nis conducted as a routine part of a routinely scheduled employee\n\nfitness-for-duty medical examination, or is requested or required by\n\nthe employer in connection with an employee's return to duty from\n\nleave of absence, or which is scheduled routinely as part of the\n\nemployer's written policy, except that a public employer may require\n\nscheduled, periodic testing only of employees who:\n\na. are police or peace officers,\n\nb. have drug interdiction responsibilities,\n\nc. are authorized to carry firearms,\n\nd. are engaged in activities which directly affect the\n\nsafety of others,\n\ne. are working for a public hospital including any\n\nhospital owned or operated by a municipality, county,\n\nor public trust, or\npublic employer may require\n\nscheduled, periodic testing only of employees who:\n\na. are police or peace officers,\n\nb. have drug interdiction responsibilities,\n\nc. are authorized to carry firearms,\n\nd. are engaged in activities which directly affect the\n\nsafety of others,\n\ne. are working for a public hospital including any\n\nhospital owned or operated by a municipality, county,\n\nor public trust, or\n\nf. work in direct contact with inmates in the custody of\n\nthe Department of Corrections or work in direct\n\ncontact with juvenile delinquents or children in need\n\nof supervision in the custody of the Department of\n\nHuman Services; and\n\n6. Post-rehabilitation testing: A public or private employer\n\nmay request or require an employee to undergo drug or alcohol\n\ntesting for a period of up to two (2) years commencing with the\n\nemployee's return to work, following a positive test or following\n\nparticipation in a drug or alcohol dependency treatment program.","path":["OK Code","Title 40"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os40.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f601e11c6c6dfc5e0bd52438bad3d1702fb9d62f1e67c0fca3db9a6eb42a310c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-40-40-553","next":"us-ok/okla.-stat.-tit.-40-40-555"},"notice":"GroundRules: Original legal text. Not legal advice."}