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Oklahoma Statutes - Title 40. Labor Page 68 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. Added by Laws 1993, c. 355, § 16, emerg. eff. June 10, 1993. Amended by Laws 2006, c. 176, § 7, eff. July 1, 2006. Renumbered from § 2-406A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006. Amended by Laws 2007, c. 78, § 1, eff. Nov. 1, 2007; Laws 2012, c. 196, § 3, emerg. eff. May 8, 2012; Laws 2013, c. 148, § 3, eff. Nov. 1, 2013.

§40-2-406.2. Repealed by Laws 2022, c. 360, § 23, eff. Nov. 1, 2022.

§40-2-406A. Renumbered as § 2-406.1 of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.

§40-2-407. Repealed by Laws 1994, c. 166, § 4, eff. Sept. 1, 1994.

§40-2-408. Suitable work. SUITABLE WORK. (1) In determining whether or not any work is suitable for an individual, there shall be considered among other factors and in addition to those enumerated in Section 2-409 the length of his unemployment, his prospects for obtaining work in his customary occupation, the distance of available work from his residence and prospects for obtaining local work. (2) Suitable work shall be defined as employment in an occupation in keeping with the individual's prior work experience, education or training, or having no prior work experience, special education or training for occupations available in the general area