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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 340. Department of Human Services |
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Chapter 2. Administrative Components |
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Subchapter 1. Human Resource Management |
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Part 4. ALCOHOL AND DRUG TESTING APPLICABLE TO OKDHS EMPLOYEES AND APPLICANTS |
SECTION 340:2-1-42. Definitions
Latest version.
- The following words and terms when used in this Part shall have the following meaning unless the context clearly indicates otherwise:"Alcohol" means ethyl alcohol or ethanol."Alcohol test" means a breath or saliva test administered for the purpose of determining the presence or absence of alcohol or its metabolites in a person's bodily tissue, fluids, or products. Testing of Oklahoma Department of Human Services (OKDHS) employees is conducted and evaluated by qualified persons and facilities licensed by the Oklahoma State Department of Health (OSDH) in accordance with Standards for Workplace Drug and Alcohol Testing Act. [40 O.S. §§ 551 through 563."Applicant" means any person making application for initial hire, reinstatement, or transfer from a state agency, for any position within OKDHS, or for transfer, demotion, promotion, or reinstatement into the position of direct care specialist. OKDHS, upon a conditional offer of employment, requires the applicant to undergo drug testing."Conditional offer of employment" means an offer made to an applicant for employment with OKDHS, conditioned upon successful completion of a drug test prior to the start of employment."Confirmation test" means an alcohol or drug test, conducted in accordance with Drug and Alcohol Testing Rules, as amended, of OSDH, per OAC 310:638, to substantiate the results of a prior alcohol or drug test. For urine or hair, the test is performed on the same sample or a split sample."Direct care staff" means any employee, whether permanent, classified, unclassified, probationary, or temporary, in the job family of direct care specialist."Drug" means any controlled substance approved for hair or urine testing by OSDH, including amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of these substances."Drug test" means a hair or urine test administered for the purpose of determining the presence or absence of a drug or its metabolites in a person's bodily tissue, fluids, or products. Testing conforms to the Drug and Alcohol Testing Rules, as amended, adopted by OSDH, per OAC 310:638. The testing of OKDHS employees is conducted and evaluated by qualified persons and facilities licensed by OSDH in accordance with Standards for Workplace Drug and Alcohol Testing Act. [40 O.S. § 551 through 563]"Employee" means anyone employed by OKDHS, whether permanent, classified, unclassified, probationary, or temporary."For-cause testing" means that OKDHS may request or require an employee to undergo drug or alcohol testing at any time it reasonably believes that the employee may be under the influence of drugs or alcohol, including but not limited to:(A) drugs or alcohol on or about the employee's person or in the employee's vicinity;(B) conduct on the employee's part that suggests impairment or influence of drugs or alcohol;(C) a report of drug or alcohol use while at work or on duty;(D) information that an employee has tampered with drug or alcohol testing at any time;(E) negative performance patterns; or(F) excessive or unexplained absenteeism or tardiness."Post-accident testing" means OKDHS may require an employee to undergo drug or alcohol testing if the employee or another person has sustained an injury while at work or property or equipment owned by the state has been damaged. For purposes of workers' compensation, no employee who tests positive for the presence of substances defined and consumed pursuant to Section 465.20 of Title 63 of the Oklahoma Statutes, alcohol, illegal drugs, or illegally used chemicals, or refuses to take a drug or alcohol test required by the employer, shall be eligible for such compensation."Random testing" means an objective mechanism for selecting direct care employees for alcohol and drug testing that results in an equal probability any employee from a group of direct care employees will be selected."Review officer" means a person, qualified by the Oklahoma State Board of Health, who is responsible for receiving results from a testing facility which have been generated by an employer's drug or alcohol testing program, and who has knowledge and training to interpret and evaluate an individual's test results together with the individual's medical history and any other relevant information.