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.
March 14, 2019 – Medical marijuana “Unity Bill” provides that en employer may not refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of a positive drug test result for marijuana, unless:
- The applicant or employee is not in possess of a valid medical marijuana license;
- The licensee possesses, consumes or is under the influence of medical marijuana or medical marijuana product while at the place of employment or during the fulfillment of employment obligations [the law does not define “under the influence”];
- The position is one involving safety-sensitive job duties, as such term is defined in [the law].
Workplace Drug Testing Laws in Oklahoma
|Drug Testing Issue||Status||Comments|
|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 workersu2019 compensation benefits. See note|
|Medical Marijuana||No||Oklahoma state has authorized the medical use of CBD (Cannabidiol) for limited medical conditions.|
|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