§ 40-552 — Definitions.

Oklahoma § 40-552

• Jurisdiction: Oklahoma
• Title 40: Labor

Text

As used in the Standards for Workplace Drug and Alcohol Testing Act: 1. "Alcohol" means ethyl alcohol or ethanol; 2. "Applicant" means a person who has applied for a position with an employer and received a conditional offer of employment; 3. "Board" means the State Board of Health; 4. "Confirmation test" means a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample and which uses different chemical principles and is of equal or greater accuracy than the prior drug or alcohol test. Where a breathalyzer test is utilized, a confirmation test means a second sample test that confirms the prior result. Where a single- use test is utilized, a confirmation test means a second test confirmed by a testing facility. A breath or blood specimen may be used for the confirmation test for alcohol. A urine, saliva or blood specimen may be used for the confirmation test for drugs; 5. "Department" means the State Department of Health; 6. "Drug" means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite of any of the substances listed herein; 7. "Drug or alcohol test" means a chemical test administered for the purpose of determining the presence or absence of a drug or its metabolites or alcohol in a person's bodily tissue, fluids or products. Adulteration of a specimen or of a drug or alcohol test shall be considered as a refusal to test; 8. "Employee" means any person who supplies labor for remuneration to his or her employer in this state and shall not include an independent contractor, subcontractor or employees of an independent contractor; provided, however, an independent contractor, subcontractor, or employees of an independent contractor, may be subject to a workplace drug or alcohol testing policy under the terms of the contractual agreement when the drug or alcohol testing policy applies to other workers at the job site or workers who are in the same or similar classification or group; 9. "Employer" means any person, firm, corporation, partnership, association, nonprofit organization or public employer, which has one or more employees within this state, or which has offered or may offer employment to one or more individuals in this state; 10. "Public employer" means the State of Oklahoma or any political subdivision thereof, including any department, agency, board, commission, institution, authority, public trust, municipality, county, district or instrumentalities thereof; 11. "Review officer" means a person, qualified by the State Board of Health, who is responsible for receiving results from a testing facility which have been generated by an employer's drug or alcohol testing program, and who has knowledge and training to interpret and evaluate an individual's test results together with the individual's medical history and any other relevant information; 12. "Sample" means tissue, fluid or product of the human body chemically capable of revealing the presence of drugs or alcohol in the human body; and 13. "Testing facility" means a facility which provides laboratory services to test samples for the presence of drugs or alcohol.

Legislative History

Added by Laws 1993, c. 355, § 2, emerg. eff. June 10, 1993. Amended by Laws 2000, c. 335, § 1, emerg. eff. June 6, 2000; Laws 2005, c. 190, § 5, eff. Sept. 1, 2005; Laws 2011, c. 180, § 2, eff. Nov. 1, 2011; Laws 2012, c. 196, § 17, emerg. eff. May 8, 2012; Laws 2019, c. 11, § 24. NOTE: Laws 2005, c. 134, § 1 repealed by Laws 2012, c. 196, § 22, emerg. eff. May 8, 2012.