McAfee & Taft shareholder Charles Plumb was interviewed for a cover story in The Journal Record that examined how employers determine what laws and regulations govern their workplace drug- and alcohol-testing programs. Some employees are covered by state law while others are covered by federal regulations.
“If you are an Oklahoma employer, and you’re not covered by the federal regulations, but you still want to drug- or alcohol-test your workers, then you have to follow the Oklahoma Standards for Workplace Drug and Alcohol Testing Act,” Plumb said.
The articles states that the issue becomes even more complex for companies that have branches in several states. For example, national restaurant chain would not be covered by federal standards or regulations, but would have to apply the law for that state, Plumb said.
“It doesn’t matter if you’re a national company,” Plumb said. “If you want to drug-test Oklahoma residents and the establishment is located here in Oklahoma, you’ve got to follow our act.”
Plumb said it’s possible for companies covered by the federal regulations, who want to test all of their workers, to have to comply with different standards. When clients call looking for advice about drug testing, he’s careful to have them describe the nature of their business operation and what their employees’ tasks are, to determine whether federal or state standards will apply.
You can read the full article here.