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Oklahoma Statutes - Title 40. Labor Page 309 agreement which prohibits or allows off-duty use of tobacco products. Added by Laws 1991, c. 172, § 13, emerg. eff. May 8, 1991.

§40-503. Action for damages - Costs and attorney fees. A. The sole remedy for any individual claiming to be aggrieved by a violation of Section 11 of this act shall be a civil action for damages which shall include all wages and benefits deprived the individual by reason of the violation. B. The court shall award the prevailing party in such action court costs and reasonable attorney fees. Added by Laws 1991, c. 172, § 14, emerg. eff. May 8, 1991.

§40-551. Standards for Workplace Drug and Alcohol Testing Act. Sections 551 through 563 of this title shall be known and may be cited as the "Standards for Workplace Drug and Alcohol Testing Act". Added by Laws 1993, c. 355, § 1, emerg. eff. June 10, 1993. Amended by Laws 2011, c. 180, § 1, eff. Nov. 1, 2011.

§40-552. Definitions. As used in the Standards for Workplace Drug and Alcohol Testing Act: 1. "Alcohol" means ethyl alcohol or ethanol; 2. "Applicant" means a person who has applied for a position with an employer and received a conditional offer of employment; 3. "Board" means the State Board of Health; 4. "Confirmation test" means a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample and which uses different chemical principles and is of equal or greater accuracy than the prior drug or alcohol test. Where a breathalyzer test is utilized, a confirmation test means a second sample test that confirms the prior result. Where a single- use test is utilized, a confirmation test means a second test confirmed by a testing facility. A breath or blood specimen may be used for the confirmation test for alcohol. A urine, saliva or blood specimen may be used for the confirmation test for drugs; 5. "Department" means the State Department of Health; 6. "Drug" means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein; 7. "Drug or alcohol test" means a chemical test administered for the purpose of determining the presence or absence of a drug or its metabolites or alcohol in a person's bodily tissue, fluids or products. Adulteration of a specimen or of a drug or alcohol test shall be considered as a refusal to test;