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].
2020 Update – Funding has been authorized for a pilot program for a marijuana breathalyzer.
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 workers' 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
More on Drug Testing in Oklahoma City
National Drug Screening operates drug test centers in Oklahoma City and surrounding areas of Nichols Hills, Bethany, Warr Acres, Del City, Wheatland, Midwest City and Yukon. Drug testing is available for employer drug testing programs and individuals for court ordered drug testing, probation drug testing and other personal drug testing.
Personal drug tests in Oklahoma City are available with same day service. If you need a drug test for a court ordered situation, child custody, probation or any other personal drug test; call National Drug Screening for same day service. Hair drug testing and EtG alcohol are also available in Oklahoma City.
Drug testing in Oklahoma City is available for employers to participate as a drug free workplace. Changes were made to the Oklahoma laws for drug free workplace in November of 2011. The changes were employer friendly. Oklahoma law for drug free workplace is the Oklahoma Standards for Workplace Drug and Alcohol Testing Act.
Washington, D.C. October 7, 2013 – Oklahoma has the fifth highest drug overdose mortality rate in the United States, with 19.4 per 100,000 people suffering drug overdose fatalities, according to a report, Prescription Drug Abuse: Strategies to Stop the Epidemic.
Methamphetamine and Meth labs are big problems in Oklahoma. Marijuana is the most commonly cited drug among primary drug treatment admissions in Oklahoma, followed by stimulants (including methamphetamine).
In sports, Oklahoma State was fined and penalized due to issues with not following its drug testing policy. The NCAA found that five Oklahoma State football players participated in a total of seven games from 2008-12 when they should have otherwise been withheld due to Oklahoma State’s drug-testing policy.
For employment drug testing, Oklahoma is a “mandatory” state, meaning, if an employer chooses to conduct drug or alcohol testing, such tests must be conducted per state law. The drug free workplace policy must address who can be tested and under what circumstances; what drugs are being tested for; possible consequences for testing positive and appeal procedures. Drug testing policy must be given to new employees upon being hired.
In Oklahoma, post-accident drug testing or alcohol testing should be conducted. An employer may require an employee to undergo drug or alcohol testing if the employee or another person has sustained an injury while at work or property has been damaged while at work, including damage to equipment. If you test positive for drugs in Oklahoma City, you can lose rights to workers comp benefits.
Reasonable suspicion or for cause testing is allowed in Oklahoma. A trained supervisor should make the observations for reasonable suspicion testing. These observations should be specific and contemporaneous based on the employees performance and behavior. Supervisors should look for actual drugs on the premises or on the persons body. They should see, hear or smell indications of drug use or alcohol use.
Drug and alcohol testing is available in Oklahoma City at our many drug testing locations. Services are same day, secure, confidential and affordable. Drug test centers open daily in Oklahoma City, Edmond, Moore, Norman, El Reno and throughout Oklahoma. Court ordered drug testing in Oklahoma City is available with one quick phone call.
In Oklahoma City, drug testing is available for court ordered drug testing, probation drug testing, employment drug testing, DOT drug testing, alcohol testing, EtG alcohol testing and hair testing.