Withdrawal Pains

The Journal Record
By April Wilkerson
Oct. 18, 2011

OKLAHOMA CITY – The changes to Oklahoma’s Workplace Drug and Alcohol Testing Act are being called employer-friendly by some and a swing too far in the other direction by others.

The changes, which go into effect Nov. 1, relax employers’ standards for drug testing. One of the biggest changes is replacing “reasonable suspicion” testing with “for cause” testing. Adam Childers, vice chairman of the labor and employment section for Crowe & Dunlevy, said reasonable suspicion was a high standard to meet in order to test an employee. Two witnesses were often needed, and they had to corroborate each other’s stories, he said. In addition, there had to be eyewitness testimony as opposed to third-hand comments, he said.

“It almost bordered on a criminal law standard as opposed to what we would commonly think would be appropriate in a workplace,” Childers said.


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