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Oklahoma - STATE LAWS

Workplace drug testing issues – State Laws – Oklahoma

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

All testing still must be conducted in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Testing Act.

Workplace Drug Testing Laws in Oklahoma

Instant or POCT Testing

Restricted

On-site allowed but certain qualifications required. LabCorp performs instant testing, Quest Diagnostics does not. Instant testing must be performed at a certified collection site.

Drug Panels

Restricted

Drugs: Testing is limited to only schedule I, II, or III substances, typically a 9 panel.

Laboratory

Restricted

Testing facilities must be licensed, SAMHSA or CAP.

Medical Review Officer

No Restrictions

Highly recommended

Random Testing

No Restrictions

Post-Accident

Restricted

When the employee or another person has sustained an injury while at work or property has been damaged while at work, including damage to equipment.

Reasonable Suspicion

No Restrictions

For cause with reasonable suspicion, supervisor should document.

Oral Fluids

No restrictions

Hair Testing

Permitted

Only 5 listed drugs and metabolites in Schedule I, II or III can be tested.

Unemployment Denial

Yes

Anyone fired for refusing a test or testing positive will be disqualified for unemployment.

Workers Comp Discount

No

Intoxication Defense

Yes

Anyone testing positive for or refusing to take a post-accident test is ineligible for workers’ compensation benefits. See note

Medical Marijuana

No

Oklahoma state has authorized the medical use of CBD (Cannabidiol) for limited medical conditions.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Standards for Workplace Drug and Alcohol Testing Act

Standards for Workplace Drug and Alcohol Testing Act – Chapter 15 – a written policy is required.

Note: Intoxication Defense – Denial of Workers Compensation Claim - Oklahoma law section 554(3) provides: “For purposes of workers’ compensation no employee who tests positive for the presence of [“huffing”] substances, alcohol, illegal drugs, or illegally used chemicals, or refuses to take a drug or alcohol test required by the Company, shall be eligible for such compensation.”

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Oklahoma