Oklahoma's new drug testing law: Are you ready?

published in McAfee & Taft EmployerLINC Employment Law Update | September 29, 2011

Earlier this year, Oklahoma Governor Mary Fallin signed into law a set of sweeping changes to Oklahoma’s drug and alcohol testing act which were championed by the business community and welcomed by Oklahoma employers (see May 18, 2011, EmployerLINC Employment Law Update reprinted in the section below)

What employers need to do now

The new act becomes effective on November 1, 2011. If an employer wishes to take advantage of the revised law, it must revise its existing policy or enact a new written drug testing policy.

Because the new act does not become effective until November 1, 2011, the current version of the drug testing statute remains in effect. The current law requires 30 days written notice to amend or change an existing drug testing policy. Thus, unless you are an employer who has already updated your policy and given proper 30 days notice, it is our recommendation that you wait until November 1, 2011, or thereafter to publish a drug testing policy in compliance with the new act which requires 10 days written notice. An employer must comply with the notice and dissemination requirements of the new act as well as the 10-day notice requirement, so the earliest a new policy could become effective is November 11, 2011. 

As always, the attorneys at McAfee & Taft stand ready to provide you guidance in updating your policies and properly communicating those changes to your workforce. 

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