SECTION 340:2-1-43. Implementation of alcohol and drug testing of OKDHS employees and applicants

(a)   Notice of communication. The local administrator or designee ensures a copy of the rules in Part 4 of this Subchapter, OAC 340:2-1-40 through 340:2-1-46, are:

(1)   conspicuously posted in all Oklahoma Department of Human Services (OKDHS) working units;

(2)   provided to all employees;

(3)   provided to employees 30 days prior to the initial implementation or implementation of changes; and

(4)   provided to each applicant upon the applicant's receipt of a conditional offer of employment.

(b)   Determination of persons subject to alcohol and drug testing. Persons subject to alcohol and drug testing are included in (1) through (3).

(1)   All applicants who are made conditional offers of employment are required to take a pre-employment drug test.

(A)   When a conditional offer of employment is made, the applicant is given forms to take to the drug-testing site for completion. The forms are:

(i)   Form 11AD003E, Request for Alcohol and Drug Testing. The applicant presents a photo identification (ID) at the testing site for ID purposes; and

(ii)   the contracted drug testing provider's form.

(B)   A confirmed positive test result, or a refusal to be tested, is a basis for refusal to hire.

(2)   All employees of OKDHS are subject to reasonable suspicion drug and alcohol testing.

(3)   Employees of OKDHS employed as direct care specialists are subject to random alcohol and drug testing.

(c)   Types of testing. The situations in which alcohol and drug testing occur are identified in (1) through (3) of this subsection.

(1)   Pre-employment or pre-placement.

(A)   All candidates conditionally offered initial hire, and all direct care candidates conditionally offered transfer, promotion, demotion, reinstatement, or placement into positions as direct care specialists are tested for drugs.

(B)   The provisions of subparagraph (A) do not apply to candidates for temporary positions who have been employed by OKDHS within the previous 120 days, persons employed for less than 200 hours per year unless employed in a direct care position, and Low Income Home Energy Assistance Program (LIHEAP) temporary employees.

(2)   Random testing. Random alcohol and drug testing is administered at a minimum annual rate of 50 per cent of direct care specialists. Tests are unannounced and are conducted throughout the calendar year. The Developmental Disabilities Services Division and the Children and Family Services Division provide to the contracted testing provider a regularly updated list of the names, Social Security numbers, and work locations for all direct care specialists.

(3)   Reasonable suspicion. Any employee may be tested upon documented grounds for reasonable suspicion in accordance with this policy.

(A)   A request for reasonable suspicion testing of a person must be submitted in writing to the local administrator, stating the indications upon which reasonable suspicion is based. The basis for reasonable suspicion testing is the employee:

(i)   exhibits the physical symptoms or manifestations of being under the influence of alcohol or drugs; and

(ii)   must be observed by two persons who have completed specialized training provided by OKDHS in recognizing physical symptoms or manifestations of being under the influence of alcohol or drugs. Such specialized training is deemed to include an OKDHS on-line training course on OKDHS drug and alcohol policy approved for all employees. One of the persons making the observation must be a supervisor.

(B)   Upon approval by the local administrator, the employee is required to submit to alcohol or drug testing.

(d)   Arrangements for testing. The local administrator or designee is responsible for ensuring employees and applicants in their facilities who are subject to testing are tested in accordance with this policy.

(e)   On duty testing. Alcohol and drug testing of an employee occurs during or immediately after the employee's work period. An employee is considered on duty during this time.

(f)   Testing procedures. Testing for alcohol and drugs is a two step process.

(1)   For alcohol, a breath or saliva test is performed as the first step. If positive for alcohol, a confirmation test is performed as the second step.

(2)   Hair or urine is used for the initial and the confirmation test for all drugs. Specimens are collected at the test site, and positive test results are reviewed by the medical review officer.

[Source: Added at 18 Ok Reg 146, eff 11-2-00 (emergency); Added at 18 Ok Reg 1184, eff 5-11-01; Amended at 19 Ok Reg 1114, eff 5-13-02; Amended at 23 Ok Reg 2644, eff 9-1-06; Amended at 24 Ok Reg 2172, eff 6-25-07]