Okla. Stat. tit. 40, § 40-559
This is the official text of Okla. Stat. tit. 40, § 40-559, 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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Sample collection and testing - Conditions
Official statutory text
All sample collection and testing for drugs and alcohol pursuant
to the provisions of this act shall be conducted in accordance with
the following conditions:
1. Samples shall be collected and tested only by individuals
deemed qualified by the State Board of Health and may be collected
on the premises of the employer;
2. Only samples deemed appropriate by the State Board of Health
for drug and alcohol testing shall be collected;
3. The collection of samples shall be performed under
reasonable and sanitary conditions;
4. A sample shall be collected in sufficient quantity for
splitting into two separate specimens, pursuant to rules of the
State Board of Health, to provide for any subsequent independent
analysis in the event of challenge of the test results of the main
specimen;
5. Samples shall be collected and tested with due regard to the
privacy of the individual being tested. In the instances of
urinalysis, no employer or representative, agent or designee of the
employer shall directly observe an applicant or employee in the
process of producing a urine sample; provided, however, collection
shall be in a manner reasonably calculated to prevent substitutions
or interference with the collection or testing of reliable samples;
6. Sample collection shall be documented, and the documentation
procedures shall include:
Oklahoma Statutes - Title 40. Labor Page 315
a. labeling of samples so as reasonably to preclude the
probability of erroneous identification of test
results, and
b. an opportunity for the applicant or employee to
provide notification of any information which the
applicant or employee considers relevant to the test,
including identification of currently or recently used
prescription or nonprescription drugs, or other
relevant information;
7. Sample collection, storage, and transportation to the
testing facility shall be performed so as reasonably to preclude the
probability of sample contamination or adulteration;
8. Sample testing shall conform to scientifically accepted
analytical methods and procedures. Testing shall include
confirmation of any positive test result by gas chromatography, gas
chromatography-mass spectroscopy, or an equivalent scientifically
accepted method of equal or greater accuracy as approved by Board
rule, at the cutoff levels as determined by Board rule, before the
result of any test may be used as a basis for refusal to hire a job
applicant or any action by an employer pursuant to Section 12 of
this act; and
9. A written record of the chain of custody of the sample shall
be maintained from the time of the collection of the sample until
the sample is no longer required.
to the provisions of this act shall be conducted in accordance with
the following conditions:
1. Samples shall be collected and tested only by individuals
deemed qualified by the State Board of Health and may be collected
on the premises of the employer;
2. Only samples deemed appropriate by the State Board of Health
for drug and alcohol testing shall be collected;
3. The collection of samples shall be performed under
reasonable and sanitary conditions;
4. A sample shall be collected in sufficient quantity for
splitting into two separate specimens, pursuant to rules of the
State Board of Health, to provide for any subsequent independent
analysis in the event of challenge of the test results of the main
specimen;
5. Samples shall be collected and tested with due regard to the
privacy of the individual being tested. In the instances of
urinalysis, no employer or representative, agent or designee of the
employer shall directly observe an applicant or employee in the
process of producing a urine sample; provided, however, collection
shall be in a manner reasonably calculated to prevent substitutions
or interference with the collection or testing of reliable samples;
6. Sample collection shall be documented, and the documentation
procedures shall include:
Oklahoma Statutes - Title 40. Labor Page 315
a. labeling of samples so as reasonably to preclude the
probability of erroneous identification of test
results, and
b. an opportunity for the applicant or employee to
provide notification of any information which the
applicant or employee considers relevant to the test,
including identification of currently or recently used
prescription or nonprescription drugs, or other
relevant information;
7. Sample collection, storage, and transportation to the
testing facility shall be performed so as reasonably to preclude the
probability of sample contamination or adulteration;
8. Sample testing shall conform to scientifically accepted
analytical methods and procedures. Testing shall include
confirmation of any positive test result by gas chromatography, gas
chromatography-mass spectroscopy, or an equivalent scientifically
accepted method of equal or greater accuracy as approved by Board
rule, at the cutoff levels as determined by Board rule, before the
result of any test may be used as a basis for refusal to hire a job
applicant or any action by an employer pursuant to Section 12 of
this act; and
9. A written record of the chain of custody of the sample shall
be maintained from the time of the collection of the sample until
the sample is no longer required.
Status: in_force · Read it on the official government site
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