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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 340:2-1-44. Disciplinary action
Latest version.
- (a) Disciplinary action for illegal drug involvement or usage. Discharge proceedings are initiated for an Oklahoma Department of Human Services (OKDHS) employee:(1) with a confirmed positive result for a drug test not resulting from legitimate medical use of prescribed medication. No employee may be discharged as a result of a positive test result unless confirmed by a second test using gas chromatography, gas chromatography-mass spectroscopy, or an equivalent scientifically accepted method of equal or greater accuracy, approved by Drug and Alcohol Testing Rules [OAC 310:638-1-1 - 310:638-7-11] ; or(2) who enters a guilty or nolo contendere plea for, or who is found guilty of the on or off duty sale, distribution, possession, or the manufacture of illegal drugs.(b) Disciplinary action for positive alcohol test results. OKDHS follows progressive discipline for employees with positive alcohol test results. However, aggravating circumstances, such as the concurrent violation of other OKDHS policies or serious injuries or fatalities due to or contributed to by the use of alcohol, can result in more serious disciplinary action, including discharge.(1) An employee's first incident of having an alcohol level from .02 to .039 results in a written reprimand.(2) An employee's first incident of having an alcohol level from .04 to .079 results in a five day involuntary suspension without pay.(3) Discharge proceedings are initiated for any incident when an employee is tested for alcohol and has an alcohol level of .08 or higher.(4) Discharge proceedings are initiated for an employee's second positive test for alcohol within 24 consecutive calendar months of the first positive test result, regardless of the alcohol levels for either incident.(c) Refusal to submit. Discharge proceedings are initiated for any employee who refuses to submit to an alcohol or drug test.(d) Permanent, classified employees who are discharged or suspended without pay. Permanent, classified employees who are discharged, demoted, or suspended without pay as a result of a positive test for alcohol or drugs may appeal the discharge or suspension to the Oklahoma Merit Protection Commission pursuant to the Oklahoma Personnel Act and the Oklahoma Merit Rules for Employment.