10TH FLOOR • TWO LEADERSHIP SQUARE
211 NORTH ROBINSON • OKLAHOMA CITY, OK 73102-7103
(405) 235-9621 • (800) 235-9621 • FAX (405) 235-0439
www.mcafeetaft.com
Recent activity in the Oklahoma
Legislature has produced a
substantial change to employer
drug and alcohol testing practices
under the Oklahoma Standards
for Workplace Drug and Alcohol
Testing Act (the “Act”).
Under the old version of the Act,
employers that conducted on-site
collection of employee samples for
testing could conduct on-site pre-
screening of samples for “negative”
results. Where an employee tested “negative,” no further
testing of the sample was conducted, while samples
testing “positive” for a banned substance were forwarded
to a licensed facility for testing and confirmatory testing.
This practice allowed employers to submit substantially
fewer samples to licensed facilities, resulting in materially
reduced testing costs.
In 2005, the Oklahoma
Legislature twice amended the Act,
in contradictory manners, leaving
the status of on-site pre-screening
in limbo. In May of this year, the
Legislature finally clarified the
discrepancy by amending the
definition of “testing facility” in
a manner that precludes the pre-
screening process discussed above.
The 2006 amendment to the Act
ends the employer practice of on-site sample analysis.
Although on-site collection of samples is still
permissible in accordance with the Act, all tests of the
sample for the presence of drugs or alcohol must now be
performed by a “Testing Facility” as that term is defined
in the Act, and pursuant to the applicable regulations.
OKLAHOMA EMPLOYMENT LAW UPDATE JUNE 2006
Oklahoma Drug Testing Standards
Oklahoma Law Regarding Credit Reports
A recent opinion of the
Oklahoma Attorney General
indicates that Oklahoma currently
imposes stricter obligations upon
employers than the federal Fair
Credit Reporting Act — at least
with respect to the evaluation of the
individual credit of an employee or
a potential employee.
In 2001, Oklahoma adopted a
credit reporting act modeled after
the federal Fair Credit Reporting
Act. In 2003, the federal act was amended to allow, in
certain circumstances, an employer to secure credit
reports regarding its employees without the employee’s
knowledge or consent. Specifically, the amendment
allowed such examinations in order to investigate certain
forms of employee misconduct,
where credit history might be
relevant. Oklahoma did not make
the same amendment to its own
act, and the Attorney General
was asked if Oklahoma’s law was
automatically amended to reflect
the change in the model federal
act.
According to the opinion issued
in May of 2006, Oklahoma’s law
has not been amended and
remains in force as written. Thus, until further action
by the Legislature, an Oklahoma employer may not
procure a credit report regarding an employee without
his or her knowledge and consent, even for a misconduct
investigation. CONTINUED ON BACK
10th FLOOR • twO LeadeRship squaRe
211 nORth RObinsOn • OkLahOma city, Ok 73102-7103
(405) 235-9621 • (800) 235-9621 • Fax (405) 235-0439
www.mcafeetaft.com
OklahOma EmplOymEnt law UpdatE June 2006
Oklahoma drug testing Standards
Recent activity in the Oklahoma reduced testing
costs.
Legislature has produced a In 2005, the Oklahoma
substantial change to employer Legislature twice amended the
Act,
drug and alcohol testing practices in contradictory manners, leaving
under the Oklahoma Standards the status of on-site pre-screening
for Workplace Drug and Alcohol in limbo. In May of this year, the
Testing Act (the “Act”). Legislature finally clarified the
Under the old version of the Act, discrepancy by amending the
employers that conducted on-site definition of “testing facility” in
collection of employee samples for a manner that precludes the pre-
testing could conduct on-site pre- screening process discussed
above.
screening of samples for
“negative” The 2006 amendment to the Act
results. Where an employee tested “negative,” no
further ends the employer practice of on-site sample
analysis.
testing of the sample was conducted, while samples Although on-site collection of samples is still
testing “positive” for a banned substance were
forwarded permissible in accordance with the Act, all tests of the
to a licensed facility for testing and confirmatory testing. sample for the presence of drugs or alcohol must now
be
This practice allowed employers to submit substantially performed by a “Testing Facility” as that term is defined
fewer samples to licensed facilities, resulting in
materially in the Act, and pursuant to the applicable regulations.
Oklahoma law Regarding Credit Reports
A recent opinion of the forms of employee misconduct,
Oklahoma Attorney General where credit history might be
indicates that Oklahoma currently relevant. Oklahoma did not make
imposes stricter obligations upon the same amendment to its own
employers than the federal Fair act, and the Attorney General
Credit Reporting Act — at least was asked if Oklahoma’s law was
with respect to the evaluation of
the automatically amended to reflect
individual credit of an employee or the change in the model federal
a potential
employee. act.
In 2001, Oklahoma adopted a According to the opinion issued
credit reporting act modeled after in May of 2006, Oklahoma’s law
the federal Fair Credit Reporting has not been amended and
Act. In 2003, the federal act was amended to allow, in remains in force as written. Thus, until further action
certain circumstances, an employer to secure credit by the Legislature, an Oklahoma employer may not
reports regarding its employees without the employee’s procure a credit report regarding an employee without
knowledge or consent. Specifically, the amendment his or her knowledge and consent, even for a
misconduct
allowed such examinations in order to investigate
certain investigation. CONTINUED ON BACK
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