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Williams v. United Parcel Service, Inc.

Drug test conducted on shipping service's long-haul truck driver was mandated by federal law and thus fell within exemption under state workplace drug-testing act, thereby extinguishing driver's state-law claim for violations of state testing procedures; state law categorically exempted drug tests mandated by federal law and subject to procedural protections of Department of Transportation, whether or not employer fully complied with DOT regulations.

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Before TACHA, EBEL and McCONNELL, Circuit Judges.

This case requires us to determine the boundary between state statutes that regulate employee drug testing, such as Oklahoma’s Standards for Workplace Drug and Alcohol Testing Act (“ODTA”), and federal statutes that mandate drug testing of certain employees. Oklahoma’s drug testing statute exempts from its procedural standards “[d]rug or alcohol testing required by and conducted pursuant to federal law.” Okla. Stat. tit. 40, § 553(C). We must determine whether the drug test conducted on Clyde Williams, a feeder driver for United Parcel Services, Inc., falls within the scope of this exemption, thereby extinguishing his state law claim for violations of the drug testing procedure under Oklahoma law. We conclude that it does.

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