Standards for Workplace Drug and Alcohol Testing Act

OK Workplace Drug Testing Act

Employees · Health

Sets standards for employer drug and alcohol testing, including confidentiality of results. Employers must keep test records confidential and may disclose them only to the person tested, the review officer, those administering the program, or under court or agency order; testing facilities may not reveal other health information learned from samples.

Where: Oklahoma
Citation: 40 O.S. §§ 551-563
Status: In force
In force since: 1993-06-10
Last amended: 2012-05-08
Enforced by: Private civil actions; State Department of Health (licensing of testing facilities)
People can sue: Yes
Penalties: For willful violations proven to show specific intent, lost wages plus an equal amount as liquidated damages, and costs and attorney fees to the prevailing party; suit within one year.
Applies to: Oklahoma employers that test applicants or employees for drugs or alcohol
Testing facilities and review officers

Rights it gives people

On request, make drug and alcohol test records available to the tested applicant or employee for inspection and copying; testing facilities must release results to the individual on request.40 O.S. § 560(A), (C)

Practices it requires

Do not release test records to anyone other than the individual, the review officer, or employees administering the program, except as evidence in proceedings where the employer or individual is a party or under a valid judicial or administrative order.40 O.S. § 560(A)-(B)
Testing facilities and review officers must not disclose to employers information about an individual's general health, pregnancy, or other physical or mental condition derived from the sample.40 O.S. § 560(C)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Only §§ 551, 560, and 563 were read; testing procedure sections (§§ 552-559.1) were not reviewed.

Research reference, not legal advice.