Oklahoma § 40-560 - Drug and alcohol test records - Disclosure

§ 40-560. Drug and alcohol test records - Disclosure

A. Records of all drug and alcohol test results and related

information maintained by the employer shall be the property of the

employer and, upon the request of the applicant or employee tested,

shall be made available for inspection and copying to the applicant

or employee. Except as provided in subsection B of this section, an

employer shall not release such records to any person other than the

applicant, employee or the review officer.

B. Records of all drug and alcohol test results and related

information maintained by the employer may be released by the

employer for any of the following purposes:

1. As admissible evidence by an employer or the individual

tested in a case or proceeding before a court of record or

administrative agency if either the employer or the individual

tested are named parties in the case or proceeding;

2. In order to comply with a valid judicial or administrative

order; or

3. To an employer's employees, agents and representatives who

need access to such records in the administration of the Standards

For Workplace Drug and Alcohol Testing Act.

C. A testing facility, or any agent, representative or designee

of the facility, or any review officer, shall not disclose to any

employer, based on the analysis of a sample collected from an

applicant or employee for the purpose of testing for the presence of

drugs or alcohol, any information relating to the general health,

pregnancy or other physical or mental condition of the applicant or

employee.

A testing facility shall release the results of the drug or

alcohol test, and any analysis and information related thereto, to

the individual tested upon request.

Oklahoma Statutes - Title 40. Labor

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

Amended by Laws 2011, c. 180, § 7, eff. Nov. 1, 2011; Laws 2012, c.

196, § 20, emerg. eff. May 8, 2012.