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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 15. Risk and Safety Management |
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Part 5. ALCOHOL AND DRUG TESTING FOR DRIVERS OF COMMERCIAL VEHICLES |
SECTION 340:2-15-43. Disciplinary action
Latest version.
- (a) Disciplinary action for illegal drug involvement or usage. The on-duty or off-duty sale, distribution, or possession with intention to distribute illegal drugs or the manufacture of illegal drugs by an affected Department employee resulting in a criminal conviction requires the employee's immediate discharge. A confirmed positive result for a drug test requires the affected employee's discharge.(b) Disciplinary action for positive alcohol test results. The Department follows required levels of discipline for employees with positive alcohol test results. Aggravating circumstances such as serious injuries or fatalities may result in more serious disciplinary action.(1) An affected employee's first incident of an alcohol level from .02 to .039 results in a written reprimand. An affected employee's first incident of an alcohol level from .04 to .079 results in a five day involuntary suspension without pay.(2) When an affected employee has an alcohol level of .08 or higher, the employee is discharged.(3) An affected employee's second offense of an alcohol level of .02 to .039, within 24 calendar months of the first offense, results in a ten-day involuntary suspension without pay. An affected employee's second offense of an alcohol level of .04 to .079, within 24 calendar months of a first offense, results in a 30-day involuntary suspension without pay.(4) Any third offense, regardless of the alcohol level, within 36 calendar months of a second offense results in the employee's discharge.(c) Refusal to submit to an alcohol or drug test. Employees refusing to submit to an alcohol or drug test are considered to have a positive test result and are subject to discharge.(d) Removal action for volunteers. A volunteer whose volunteer activities include operating a commercial motor vehicle and testing at an alcohol level above .02, or drugs at any level, is immediately removed from duty and no longer permitted to operate any DHS or state vehicle.(e) Pre-duty use of alcohol. No affected individual shall operate any Department commercial vehicle within four hours after consuming alcohol.