SECTION 377:3-11-5. Substance screening

  Drug and alcohol testing may be required for employees and job applicants under the following circumstances:

(1)   Job applicant or transferred or reassigned employee testing. Every job applicant or transferred or reassigned employee who is conditionally offered employment in the following job families shall be tested if:

(A)   the position is in one of the following job families:

(i)   Juvenile Justice Specialist;

(ii)   Youth Guidance Specialist;

(iii)   Juvenile Security Officer;

(iv)   Recreational Therapist;

(v)   Institutional Safety & Security Coordinator;

(vi)   Registered Nurse;

(vii)   Licensed Practical Nurse;

(viii)   Nursing Manager;

(ix)   Food Service Personnel; and

(x)   Psychological Clinician.

(B)   such person is employed in an administrative or instructional capacity in any charter school site.

(2)   For-cause testing. Any employee, at the request of the Executive Director or, if he is unavailable, the Chief of Staff, may be requested or required to undergo drug or alcohol testing at any time it is reasonably believed that an employee may be under the influence of drugs or alcohol, including, but not limited to, the following circumstances:

(A)   Observable phenomena such as:

(i)   The physical symptoms or manifestations of being under the influence of a drug or alcohol while at work or on duty; or

(ii)   The direct observation of drug or alcohol use while at work or on duty;

(B)   A report of drug or alcohol use while at work or on duty;

(C)   Information that an employee has tampered with drug or alcohol testing at any time;

(D)   Evidence that an employee is involved in the use, possession, sale, solicitation, or transfer of drugs while on duty or while on any OJA premises or premises with which OJA has contracted services, or operating any OJA vehicle, machinery, or equipment;

(E)   Drugs or alcohol on or about the employee's person or in the employee's vicinity;

(F)   Negative performance patterns; or

(G)   Excessive or unexplained absenteeism or tardiness.

(3)   Post-accident testing. Any employee may be tested when the employee or another person has sustained an injury while at work or that property has been damaged while at work, including damage to equipment. No employee who tests positive for the presence of substances, as set forth in and in violation of 63 O.S., § 465.20, alcohol, illegal drugs or illegally used chemicals, or who refuses to take a drug or alcohol test required by OJA, shall be eligible for Workers' Compensation Benefits.

(4)   Post-rehabilitation. Any employee who has had a positive test or has participated in a drug or alcohol dependency treatment program may be tested for a period of up to two (2) years, commending with the employee's return to work.

(5)   Random Testing. The Executive Director may order random drug testing for OJA permanent, temporary or probationary employees referenced in paragraph one of this rule. The affected employees shall be notified of the effective date and process for testing.

(6)   Return from leave, fitness-of-duty, and other periodic testing.

(A)   The Executive Director may request or require an employee to undergo drug or alcohol testing as a routine part of a routinely scheduled employee fitness-for-duty medical examination, or in connection with an employee's return to duty from leave of absence.

(B)   The Executive Director may schedule periodic drug or alcohol testing for employees occupying a position in 377:3-11-5(1).

[Source: Added at 13 Ok Reg 757, eff 11-3-95 through 7-14-96 (emergency); Added at 14 Ok Reg 1860, eff 6-2-97; Amended at 15 Ok Reg 2659, eff 7-1-98; Amended at 20 Ok Reg 1293, eff 7-1-03; Amended at 24 Ok Reg 1392, eff 7-1-07; Amended at 25 Ok Reg 1364, eff 7-1-08; Amended at 29 Ok Reg 319, eff 1-11-12 (emergency); Amended at 29 Ok Reg 648, eff 6-1-12; Amended at 30 Ok Reg 137, eff 11-8-12 (emergency); Amended at 30 Ok Reg 700, eff 6-1-13; Amended at 32 Ok Reg 707, eff 5-9-15 (emergency); Amended at 33 Ok Reg 1728, eff 9-11-16]