SECTION 340:2-15-42. Implementation of alcohol and drug testing of affected OKDHS employees, applicants, and volunteers

(a)   Notice of communication.

(1)   The rules in this Part and the pertinent federal regulations are conspicuously posted in all Oklahoma Department of Human Services (OKDHS) working units.

(2)   All persons in affected positions shall receive a copy of the rules in this Part and the federal regulations 30 days prior to the initial implementation or implementation of changes in the rules.

(3)   Each local administrator is responsible for obtaining and maintaining written documentation that each affected person received a copy of the rules as well as any subsequent rule amendments to this Part.

(4)   All affected persons are provided the name, work location, and telephone number for the designated employee representative (DER) and the local testing coordinator. Affected persons may direct questions and concerns to the DER and the testing coordinator.

(b)   Coordination.

(1)   DER. The DER is responsible for the overall implementation and administration of this program, including coordination with the contracted testing provider, training, and record keeping.

(2)   Testing coordinator. Each OKDHS appointing authority designates one or more employees to coordinate all aspects of the drug and alcohol testing program within the designee's respective area of responsibility.

(c)   Affected person. Affected persons, as defined in this Part, are subject to alcohol and drug testing.

(1)   With an applicant's written authorization, OKDHS shall request information from an applicant's former employer concerning any prior alcohol test with a result of 0.04 alcohol concentration or higher; a verified positive drug test; or a refusal to be tested.

(2)   No applicant with a prior alcohol test with a result of 0.04 alcohol concentration or higher, a verified positive drug test, or a refusal to be tested, shall be hired by OKDHS for any position requiring the operation of a commercial motor vehicle.

(3)   At least once per calendar year, OKDHS shall obtain and review motor vehicle reports for all affected persons.

(d)   Actual knowledge of alcohol or drug use. No supervisor or administrator having actual knowledge that an affected person has used drugs or has used alcohol within four hours of operating an OKDHS commercial vehicle shall permit the person to operate or continue to operate the vehicle.

(e)   Types of testing.

(1)   Pre-employment or pre-placement. All candidates, including potential volunteers, whether conditionally offered initial hire, transfer, promotion, demotion, or placement into affected positions are tested for alcohol and drugs. Candidates receive a copy of this policy prior to testing. Positive test results prohibit the hiring, promotion, transfer, or placement into an affected position.

(2)   Random testing. Random alcohol and drug testing is administered at a minimum annual rate of 50 percent of affected persons for drugs and 25 percent of affected persons for alcohol. Tests are unannounced and conducted throughout the calendar year. Each testing coordinator provides to the contracted testing provider a list of the names, employee identification numbers, and work locations for all affected persons. Each testing coordinator ensures that the list of affected persons is kept current.

(3)   Reasonable suspicion. Reasonable suspicion for submitting a person for testing is documented by two appropriately trained supervisors.

(A)   Upon documentation, the supervisor or designated authority arranges for the affected person to be tested for alcohol and drugs. OKDHS Form 11PE094E, Reasonable Suspicion Checklist, is available to assist supervisors in correctly documenting reasonable suspicion.

(B)   Each reporting supervisor certifying an affected person for reasonable suspicion testing must have completed at least one hour of training in alcohol abuse and one hour of training in drug abuse. Training is provided or arranged by the testing coordinator and the DER.

(4)   Post-accident testing. Immediately following an accident involving a commercial motor vehicle, the supervisor or designated authority arranges for the driver to be tested for alcohol and drugs. If the operator does not submit to an alcohol test within two hours of the accident, the supervisor prepares a report stating the reason a test was not given. If the operator does not submit to an alcohol test within eight hours, the supervisor ceases attempting to have the alcohol test administered and prepares a report stating the reasons a test was not given. If the operator does not submit to drug testing within 32 hours, the supervisor ceases attempts to have the drug test administered and prepares a report stating the reasons a test was not given. The reporting supervisor provides copies of the reports to the local administrator, respective testing coordinator, and the DER within 24 hours of the accident. Post-accident testing occurs when:

(A)   the accident involves a fatality;

(B)   the operator receives a citation for a moving traffic violation arising from the accident;

(C)   any vehicle is towed from the scene; or

(D)   the person operating the vehicle or any other person sustains an injury that results in lost work time or requires treatment away from the scene of the accident.

(5)   Return-to-duty and follow-up testing. Operators who test positive for alcohol must undergo a return-to-duty alcohol test before being permitted to resume the operation of any vehicle utilized in the performance of the operator's duties. Each operator, after returning to duty, is subject to a minimum of six follow-up alcohol tests in the first 12 months following the date of the initial positive test. The operator does not pay for return-to-duty or follow-up testing.

(6)   Positive test. OKDHS employees scoring positive on an alcohol or drug test are referred to the Employee Assistance Program (EAP).

(f)   Testing procedures. In accordance with federal regulations, drug testing is conducted for marijuana, cocaine, amphetamines, opiates, including heroin, and phencyclidine (PCP). Testing for alcohol is performed using breathalyzers as specified in federal regulations.

(1)   Drug testing is a two-stage process. Split urine specimens are collected at the test site.

(2)   If the first drug test is positive for one or more of the five listed drugs, a second confirmation test is performed using gas chromatography/mass spectrometry analysis.

(3)   Positive drug test results are reviewed by a medical review officer (MRO). The MRO:

(A)   contacts each person having a positive drug test to determine whether there is a medical reason for a positive test result; and

(B)   provides the final test report to the DER.

[Source: Added at 13 Ok Reg 1533, eff 3-7-96 (emergency); Added at 14 Ok Reg 1301, eff 5-12-97; Amended at 19 Ok Reg 2182, eff 6-27-02; Amended at 24 Ok Reg 2172, eff 6-25-07]