Page 318

Oklahoma Statutes - Title 40. Labor Page 318 Added by Laws 1993, c. 355, § 10, emerg. eff. June 10, 1993. Amended by Laws 2011, c. 180, § 7, eff. Nov. 1, 2011; Laws 2012, c. 196, § 20, emerg. eff. May 8, 2012.

§40-561. Repealed by Laws 2011, c. 180, § 10, eff. Nov. 1, 2011.

§40-562. Disciplinary actions. A. An employer's policy shall state the disciplinary actions that may be taken upon a refusal to undergo a drug or alcohol test or for a positive test for the presence of drugs or alcohol. B. An employer may take disciplinary action, up to and including discharge, against an employee who refuses to undergo drug or alcohol testing conducted in accordance with the provisions of Section 551 et seq. of this title or who tests positive for the presence of drugs or alcohol. C. Notwithstanding any provision of law for confidentiality of drug or alcohol testing results, nothing in the Standards for Workplace Drug and Alcohol Testing Act shall preclude an employer, contracting with another employer, from sharing drug or alcohol testing results of any tested person who works pursuant to such contractual agreement. Added by Laws 1993, c. 355, § 12, emerg. eff. June 10, 1993. Amended by Laws 2011, c. 180, § 8, eff. Nov. 1, 2011; Laws 2012, c. 196, § 21, emerg. eff. May 8, 2012.

§40-563. Willful violation of act - Civil actions - Remedies. A. Any person aggrieved by a willful violation of the Standards for Workplace Drug and Alcohol Testing Act may institute a civil action in a court of competent jurisdiction within one (1) year of the alleged willful violation or be barred from obtaining the relief provided for in subsection B of this section. A willful violation of the Standards for Workplace Drug and Alcohol Testing Act requires proof by the preponderance of the evidence that the employer had a specific intent to violate the act. B. A prevailing party may be awarded lost wages to which the person would have been entitled and an additional equal amount as liquidated damages. Interim earnings or amounts earnable with reasonable diligence by the aggrieved person shall operate to reduce the lost wages otherwise allowable. Reasonable costs and attorney fees may be awarded to the prevailing party, whether plaintiff or defendant. Added by Laws 1993, c. 355, § 13, emerg. eff. June 10, 1993. Amended by Laws 2011, c. 180, § 9, eff. Nov. 1, 2011.

§40-564. Repealed by Laws 2011, c. 180, § 10, eff. Nov. 1, 2011.

§40-565. Repealed by Laws 2011, c. 180, § 10, eff. Nov. 1, 2011.