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
We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.
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