Okla. Stat. tit. 40, § 40-2-406.1
This is the official text of Okla. Stat. tit. 40, § 40-2-406.1, part of Oklahoma’s Stat. tit. 40, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 40,." Browse the sections below, each linked to its official government source.
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Discharge for refusal to undergo drug or alcohol
Official statutory text
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
Oklahoma Statutes - Title 40. Labor Page 67
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.
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
Oklahoma Statutes - Title 40. Labor Page 67
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.
Status: in_force · Read it on the official government site
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