McAfee & Taft employment lawyer and litigator Lauren Barghols Hanna was featured in The Oklahoman discussing the newly amended Oklahoma Standards for Workplace Drug and Alcohol Testing Act and what it means for employers. While the previous act was considered employee-friendly, overly technical and burdensome for employers to implement, the amended act has been greatly simplified and will be a welcome change for employers.
In addition to simplifying the act by reducing the myriad of technical requirements that currently allow employees who test positive to sue their employers due to seemingly inconsequential violations of the current act, the new legislation includes several other key changes. Hanna explained the new law allows companies to drug test independent contractors, subcontractors and employees of independent contractors, provided the contractual agreement allows or such testing and other workers at the workplace are similarly subject to testing. Employers can also change or implement new drug testing policies by giving 10 days notice, compared to 30 days under the previous law.
Another key change makes it harder for employees who have been terminated for testing positive or refusing to take a drug and alcohol test to obtain unemployment compensation benefits. “Under the amended act, an employer must only provide proof of a testing policy and an employee’s refusal to take a drug or alcohol test or a positive test result in order to prove misconduct for purposes of unemployment compensation benefits,” said Hanna.
Oklahoma employers who have drug and alcohol testing policies already in place should seriously consider revising their policies to take advantage of the benefits available under the amended act, she said.
The new law goes into effect on November 1, 2011.