Oklahoma Drug Testing Laws

Oklahoma's drug testing for employers is primarily governed by the Oklahoma Standards for Workplace Drug and Alcohol Testing Act (OSWDATA), codified in 40 O.S. §§ 551-565. This act outlines the procedures employers must follow when implementing drug and alcohol testing. For a detailed look, you can visit the statue located here.

Marijuana in Oklahoma: Medical marijuana is legal with a prescription. Recreational marijuana remains illegal.

To stay abreast of Oklahoma's drug testing laws, it's recommended to refer to the Oklahoma State Legislature's official website.

Drug Testing Issue Status Comments
Instant or POCT Testing Permitted Confirmatory tests are required for positive results.
Drug Panels Not specified Based on employer discretion.
Laboratory SAMHSA-certified labs preferred Provides credibility and accuracy.
Medical Review Officer (MRO) Required Essential for verifying test results.
Random Testing Permitted Notice requirements may apply.
Post-Accident Permitted Typically based on employer policy.
Reasonable Suspicion Permitted It must be based on specific, contemporaneous, and articulable observations.
Oral Fluids Permitted Follows the same procedures as urine tests.
Hair Testing Not specified Based on employer discretion.
Unemployment Denial Possible If fired due to a drug/alcohol violation.
Workers Comp Discount Possible With a drug-free workplace program.
Intoxication Defense Permitted Employers can deny claims if intoxication is a direct cause.
Medical Marijuana Yes with prescription Protected under Oklahoma medical marijuana laws.
Recreational Marijuana No Remains illegal in Oklahoma.
Report Driver DOT Positives Comply with federal regulations Must adhere to federal DOT rules.
General Statute 40 O.S. §§ 551-565 Details are available in the Statute.

In Oklahoma, while the use of medical marijuana with a valid prescription is legal, recreational usage is not permitted. For employers, the OSWDATA lays out clear guidelines on how drug testing should be carried out, underscoring the importance of employee rights and ensuring a safe, drug-free workplace. Using SAMHSA-certified labs and involving a Medical Review Officer (MRO) is a standard practice.

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