The Standards for Workplace Drug and Alcohol Testing Act provides that any private or public employer that has one or more employees within the state may conduct drug and alcohol testing in accordance with the Act (40 OK Stat. Sec. 551 et seq.). Employers that choose to conduct drug or alcohol testing may request or require an applicant or employee to undergo testing only under the following circumstances:
• Applicant and transfer/reassignment testing. An employer may request or require an applicant to undergo drug or alcohol testing and may use a refusal to undergo testing or a positive test result as a basis for refusal to hire. Employers may request or require drug testing for internal transfers and reassignments of employees.
• For-cause testing. An employer may request or require an employee to undergo drug or alcohol testing at any time it reasonably believes that the employee may be under the influence of drugs or alcohol, including, but not limited to, the following circumstances: drugs or alcohol on or about the employee’s person or in the employee’s vicinity; conduct on the employee’s part that suggests impairment or influence of drugs or alcohol; a report of drug or alcohol use while at work or on duty; information that an employee has tampered with drug or alcohol testing at any time; negative performance patterns; or excessive or unexplained absenteeism or tardiness.
• Postaccident testing. An employer may require an employee to undergo drug or alcohol testing if the employee or another person has sustained an injury while at work or the employer’s property has been damaged while at work, including damage to equipment. An employee who tests positive for the presence of substances ...