Page 312

Oklahoma Statutes - Title 40. Labor Page 312 4. Random testing: A public or private employer may request or require an employee or all members of an employment classification or group to undergo drug or alcohol testing at random and may limit its random testing programs to particular employment classifications or groups, except that a public employer may require random testing only of employees who: a. are police or peace officers, b. have drug interdiction responsibilities, c. are authorized to carry firearms, d. are engaged in activities which directly affect the safety of others, e. are working for a public hospital including any hospital owned or operated by a municipality, county, or public trust, or f. work in direct contact with inmates in the custody of the Department of Corrections or work in direct contact with juvenile delinquents or children in need of supervision in the custody of the Department of Human Services; 5. Scheduled, fitness-for-duty, return from leave and other periodic testing: A public or private employer may request or require an employee to undergo drug or alcohol testing if the test is conducted as a routine part of a routinely scheduled employee fitness-for-duty medical examination, or is requested or required by the employer in connection with an employee's return to duty from leave of absence, or which is scheduled routinely as part of the employer's written policy, except that a public employer may require scheduled, periodic testing only of employees who: a. are police or peace officers, b. have drug interdiction responsibilities, c. are authorized to carry firearms, d. are engaged in activities which directly affect the safety of others, e. are working for a public hospital including any hospital owned or operated by a municipality, county, or public trust, or f. work in direct contact with inmates in the custody of the Department of Corrections or work in direct contact with juvenile delinquents or children in need of supervision in the custody of the Department of Human Services; and 6. Post-rehabilitation testing: A public or private employer may request or require an employee to undergo drug or alcohol testing for a period of up to two (2) years commencing with the employee's return to work, following a positive test or following participation in a drug or alcohol dependency treatment program.