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TAHRA Employment Law Update (Testing Act)


OKLAHOMA LEGISLATURE PASSES NEW DRUG AND ALCOHOL TESTING ACT


Since the original adoption of Oklahoma's Standards for Workplace Drug and Alcohol Testing, OKLA. STAT. tit. 40, 551, et seq. ("Testing Act") in 1993, an employer's power to enforce a policy promoting an alcohol- and drug-free workplace has been significantly curtailed by administrative burdens and the threat of hefty sanctions on employers who violated the Testing Act.

This legislative session, Representative Dan Sullivan sponsored HB 2033, a bill significantly scaling back the restrictions on employers wishing to enforce an alcohol- and drug-free workplace policy and creating a more equitable solution for those wishing to challenge an employer's enforcement actions. HB 2033 passed both houses unanimously, was signed into law by Governor Mary Fallin on May 9, 2011, and will take effect November 1, 2011.

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W. Kirk Turner, Vice President, Legislative Affairs for TAHRA, is honored to have been intimately involved in the development, drafting, negotiation and passage of HB 2033.

Should you have any questions regarding the information contained in this article, please do not hesitate to contact Kirk Turner at (918) 587-0101, or by email at eat0@eau0eav0eaw0.