Oklahoma § 40-559 - Sample collection and testing - Conditions

§ 40-559. Sample collection and testing - Conditions

All sample collection and testing for drugs and alcohol pursuant

to the provisions of this act shall be conducted in accordance with

the following conditions:

1. Samples shall be collected and tested only by individuals

deemed qualified by the State Board of Health and may be collected

on the premises of the employer;

2. Only samples deemed appropriate by the State Board of Health

for drug and alcohol testing shall be collected;

3. The collection of samples shall be performed under

reasonable and sanitary conditions;

4. A sample shall be collected in sufficient quantity for

splitting into two separate specimens, pursuant to rules of the

State Board of Health, to provide for any subsequent independent

analysis in the event of challenge of the test results of the main

specimen;

5. Samples shall be collected and tested with due regard to the

privacy of the individual being tested. In the instances of

urinalysis, no employer or representative, agent or designee of the

employer shall directly observe an applicant or employee in the

process of producing a urine sample; provided, however, collection

shall be in a manner reasonably calculated to prevent substitutions

or interference with the collection or testing of reliable samples;

6. Sample collection shall be documented, and the documentation

procedures shall include:

Oklahoma Statutes - Title 40. Labor

a.

labeling of samples so as reasonably to preclude the

probability of erroneous identification of test

results, and

b.

an opportunity for the applicant or employee to

provide notification of any information which the

applicant or employee considers relevant to the test,

including identification of currently or recently used

prescription or nonprescription drugs, or other

relevant information;

7. Sample collection, storage, and transportation to the

testing facility shall be performed so as reasonably to preclude the

probability of sample contamination or adulteration;

8. Sample testing shall conform to scientifically accepted

analytical methods and procedures. Testing shall include

confirmation of any positive test result by gas chromatography, gas

chromatography-mass spectroscopy, or an equivalent scientifically

accepted method of equal or greater accuracy as approved by Board

rule, at the cutoff levels as determined by Board rule, before the

result of any test may be used as a basis for refusal to hire a job

applicant or any action by an employer pursuant to Section 12 of

this act; and

9. A written record of the chain of custody of the sample shall

be maintained from the time of the collection of the sample until

the sample is no longer required.

Added by Laws 1993, c. 355, § 9, emerg. eff. June 10, 1993.