Oklahoma § 40-552 - Definitions

§ 40-552. Definitions

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 singleuse 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;

Oklahoma Statutes - Title 40. Labor

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.

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.