SB 2085 Summary

• Modifies Oklahoma workers' compensation law regarding admissibility of evidence in post-accident alcohol and drug testing cases.

• Makes post-accident alcohol or drug testing results and employee refusal to submit to testing admissible as evidence in workers' compensation proceedings.

• Clarifies that employees claiming injury caused by substance use must prove by preponderance of evidence that substances, alcohol, illegal drugs, or illegally used chemicals were not the proximate cause of injury.

• Corrects internal statutory references from Section 75 of the workers' compensation act to Title 36, Section 924.4 of Oklahoma Statutes regarding Affidavits of Exempt Status.

• Effective date: November 1, 2010.