Workplace Discrimination

Drugs and Alcohol Testing Lawyer

Rob had a last beer and headed to work. He jumped on his front loader and shortly thereafter knocked over a stack of merchandise in the warehouse, injuring another worker. He was fired. Rob protested, claiming he only had "one beer" and could "hold his alcohol". He failed the alcohol test. Does he have a case. Nope!

Employers in Tulsa and throughout Oklahoma are increasingly using drug testing in the work place. A growing number of employees find that they are subject to discharge or withdrawal of a conditional offer of employment by an Oklahoma employer because of a failed drug or alcohol test. If you are an employee and have been subject to discipline or discharge resulting from an employer administered drug test, it is important to know that there are strict guidelines and restrictions that employers in Oklahoma must comply with when implementing drug testing in the work place. If an employer violates these rules and procedures, you may have a right to reinstatement and depending on certain circumstances bring a lawsuit for damages.

Employer based drug and alcohol testing in Oklahoma is governed by the Standards for Workplace Drug and Alcohol Testing Act and regulations promulgated by Oklahoma State Department of Health (OSDH). An employer may only implement drug and alcohol testing in the following situations:

  • Conditional Offer of Employment: All employees for a position who are given a conditional offer of employment may be required to submit to a drug or alcohol test. However, the test must be conducted under specific conditions and subject to certain restrictions including limitations on what substances may lawfully be the subject of the drug screening.

  • Testing Following an Accident: If you are involved in a work-related accident, an employer may require an employee to submit to drug or alcohol testing if the accident caused at least $500 in damage. If you are subject to a drug test under these circumstances, the employer may be able to push to have you disqualified from receiving worker's compensation benefits but must establish that the accident was caused by drugs or alcohol.

  • Reasonable Suspicion (Reasonable Belief) of Violation: If an employer has sufficient articulable facts to believe an employer is in violation of the employer's drug or alcohol policy, the employer may request a drug test. However, the employer may not do it based on a mere hunch. The standard requires objective facts that suggest the employee is in violation.

  • Random/Scheduled Testing: Subject to strict policies and procedures, an employer can impose random testing or scheduled drug testing of employees. Generally, random or scheduled testing under Oklahoma state drug testing law is limited to certain occupations that are involved in public safety. A written policy must exist, and the employer must provide notice of the policy and advance notice of any changes.

 

Protecting Oklahoma Employees for 30 Years

If you have been subject to termination or denied employment following a conditional offer of employment, you may be entitled to reinstatement if your employer has not complied with state and federal law and regulations that prescribe the conditions and procedures for drug and alcohol testing by an employer. If the violation of procedures or regulations under the Standards for Workplace Drug and Alcohol Testing by your employer is willful, you may be entitled to not only reinstatement but civil damages that may include but are not limited to employment, reinstatement, lost income, promotion, attorney's fees and costs.

Although in Oklahoma, state law has historically been very protective of employees subject to drug testing by employers, new legislation was recently signed by the governor on May 11, 2011, that simplifies the rules and procedures required for employers to use drug and alcohol testing in the work place. If you have been requested to submit to a drug or alcohol test or have failed such a test and been subject to termination, you may be entitled to reinstatement and back pay along with other compensation depending on the specific facts and circumstances of your case.

In the law office of Jeff Nix I don't have a cookie cutter law firm that is processing cases in bulk. You won't meet with indifference or be shuffled off to non-attorneys. I do not represent employers, insurance companies or unions. My Tulsa employment law firm is committed to providing detailed hands-on representation to individual employees who have been subject to unlawful, or unfair, employment practices. If you need a Tulsa workplace drug testing attorney, I offer a free initial confidential case evaluation so that I can review your situation and evaluate your potential remedies. Contact me today at (918) 587-3193.

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