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.

Answered by: Andrew David Easler, Esq.
Published: 12/19/2022
Updated: 12/03/2023

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