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OKDHS Home > Library > Policy > OAC 340 > Chapter 2. Administrative Components > 1. Human Resources Management Division (HRMD) > 44. Disciplinary action
340:2-1-44. Disciplinary action
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Revised 9-1-06

 

(a) Disciplinary action for illegal drug involvement or usage.  Discharge proceedings are initiated for an Oklahoma Department of Human Services (OKDHS) employee:  • 1

  • (1) with a confirmed positive result for a drug test not resulting from legitimate medical use of prescribed medication.  No employee may be discharged as a result of a positive test result unless confirmed by a second test using gas chromatography, gas chromatography-mass spectroscopy, or an equivalent scientifically accepted method of equal or greater accuracy, approved by Drug and Alcohol Testing Rules  [OAC 310:638-1-1 - 310:638-7-11]; or 
  • (2) who enters a guilty or nolo contendere plea for, or who is found guilty of the on or off duty sale, distribution, possession, or the manufacture of illegal drugs.

(b) Disciplinary action for positive alcohol test results.  • 2  OKDHS follows progressive discipline for employees with positive alcohol test results.  • 3  However, aggravating circumstances, such as the concurrent violation of other OKDHS policies or serious injuries or fatalities due to or contributed to by the use of alcohol, can result in more serious disciplinary action, including discharge.

  • (1) An employee's first incident of having an alcohol level from .02 to .039 results in a written reprimand.
  • (2) An employee's first incident of having an alcohol level from .04 to .079 results in a five day involuntary suspension without pay.
  • (3) Discharge proceedings are initiated for any incident when an employee is tested for alcohol and has an alcohol level of .08 or higher.
  • (4) Discharge proceedings are initiated for an employee's second positive test for alcohol within 24 consecutive calendar months of the first positive test result, regardless of the alcohol levels for either incident.

(c) Refusal to submit.  Discharge proceedings are initiated for any employee who refuses to submit to an alcohol or drug test.

(d) Permanent, classified employees who are discharged or suspended without pay.  Permanent, classified employees who are discharged, demoted, or suspended without pay as a result of a positive test for alcohol or drugs may appeal the discharge or suspension to the Oklahoma Merit Protection Commission pursuant to the Oklahoma Personnel Act and the Oklahoma Merit Rules for Employment.

 

INSTRUCTIONS TO STAFF 340:2-1-44

Instructions to Staff only Revised 6-25-07

1.   Refer to OAC 340:2-15-40 through 340:2-15-49 for rules regarding alcohol and drug testing for drivers of commercial motor vehicles.

2.   The Department of Human Services (OKDHS) makes available an Employee Assistance Program to assist employees with substance abuse problems.  A referral to the Employee Assistance Program is not in lieu of, but is separate from, corrective discipline.

3.   (a) The disciplinary process outlined in OKDHS:2-1-11 and OKDHS:2-1-12 is followed in the case of an employee with a confirmed positive result for alcohol or drugs.

      (b) An eligible employee may grieve a disciplinary action through the OKDHS grievance proces, per OKDHS:2-1-150 through 2-1-169.
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Last Updated:  9/13/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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