Oklahoma Memo to All Employees Regarding Drug Testing

State:
Multi-State
Control #:
US-AHI-281
Format:
Word; 
Rich Text
Instant download

Description

This AHI memo is to all employees regarding the company's drug testing policy.

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FAQ

Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.

Indiscriminate testing of employees for drug use is an intrusive and degrading process that undermines our most deeply held tenets of fairness and privacy in the workplace. It should not be surprising, then, that a recent study concluded that workplace drug testing lowers productivity.

Under the new rule, post-accident drug-testing is okay only if there is an objectively reasonable basis. According to OSHA, this can include situations where employee drug use is likely to have contributed to the incident, and/or when the drug test can accurately identify impairment caused by drug use.

In Oklahoma, employers are allowed to require employees to take drug tests at random or for cause. Oklahoma employees injured in a workplace accident may be asked to submit to a drug test to determine if a controlled substance played any part in their accident.

Anyone fired for refusing a test or testing positive will be disqualified for unemployment. Oklahoma state has authorized the medical use of CBD (Cannabidiol) for limited medical conditions. Standards for Workplace Drug and Alcohol Testing Act Chapter 15 a written policy is required.

Unfortunately, no. Nurses are involved with direct patient care, and are, considered safety-sensitive workers. Workers employed by the state of Oklahoma are included in HB 2612's employment protections as long as the job position does not fall under the guidelines for safety-sensitive jobs.

Yes. Section 1904.35(b)(1)(iv) prohibits an employer from taking adverse action against employees simply because they report work-related injuries. Rather, employers must have a legitimate business reason for requiring a drug test, such as a reasonable belief that drug use contributed to the injury.

They shouldn't face any employment discrimination in hiring, firing, disciplining, or other penalties due to their medical marijuana use. This doesn't mean employees can use medical marijuana during work hours, or show up to the workplace with it in their possession or under its influence.

You have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers.

The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.

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Oklahoma Memo to All Employees Regarding Drug Testing