Oklahoma Pre-Employment Drug Testing Laws

• The employer receives a report indicating that the employee has used drugs or alcohol at work or in the performance of his or her duties; • application and transfer or transfer tests; Drug testing in Oklahoma City is available for employers to participate as a drug-free workplace. In November 2011, changes were made to Oklahoma`s drug-free workplace laws. The changes were favourable to employers. Oklahoma Drug-Free Workplace Act is the Oklahoma Standards for Workplace Drug and Alcohol Testing Act. Creekmore filed a lawsuit. She claimed that her dismissal due to the positive test result was an intentional violation of the Workplace Drug and Alcohol Testing Standards Act, 40 Oklahoma Stat. §§ 551-565 (“Testing Act”) because phenobarbital is not a substance that employers are permitted to test under regulations issued by the Oklahoma State Department of Health (“OSDOH”). Pomeroy argued that she was not aware of OSDOH regulations and was merely following her client`s instructions to test employees for barbiturates. The Uritox hair follicle test is easy and quick to perform and can detect medications with high accuracy. The hair follicle test measures the content of illegal drugs such as cocaine, methamphetamines, opiates and THC.

Under Oklahoma law, teachers are not subject to drug tests or physical exams. However, if a teacher is suspected of substance abuse, they may be tested for drugs at the discretion of their employer. Child Welfare Services` drug testing program is no different, and the agency is very clear about protecting children from addicts who could harm them. If you smoke weed or use other illegal substances and engage with CPS within a certain period of time, you will be tested for drugs. Tests may be done on the baby right after birth to confirm if there is illegal drug use. Suppose the test results are positive during a urine test. In this case, the mother is immediately isolated and separated from her newborn until a second test confirms that the child is not affected by illegal substances. March 14, 2019 – The medical marijuana “Unity Bill” provides that an employer may not refuse to hire, discipline, fire or punish a candidate or employee solely on the basis of a positive marijuana test result unless: Oklahoma`s initial election initiative prohibits employers from including employees in terms of employment based on medical license status. Marijuana or solely based on the results of a test for marijuana or its components. Section 8(h) of the Unity Act includes this prohibition against adverse acts by the employer based solely on a person`s status as a medical marijuana licensee. Employers are still prohibited from disciplining employees or refusing to hire applicants simply because they have tested positive for marijuana, unless the applicant or employee does not have a valid medical marijuana licence.

As in other jurisdictions with medical marijuana laws, employers can still prohibit employees from using or possessing marijuana or marijuana products, or working under the influence of marijuana or marijuana products. The text of the Oklahoma Standards for Workplace Drug Testing Act is available here. Oklahoma law does not require employers to test employees or applicants for drugs and alcohol. However, employers who choose to conduct these tests must meet certain requirements of Oklahoma`s Workplace Drug and Alcohol Testing Standards Act (ODATA). These employers may also be subject to restrictions under the state`s medical marijuana law. This labour law summary provides a high-level overview of these limitations and ODATA`s requirements for drug and alcohol testing in the workplace. However, all drug tests conducted must follow the guidelines set by the state. If an employee fails a drug test, the employer cannot terminate the employee without written notice.

Employers creating new testing policies or amending existing policies must notify their employees at least 10 days before implementing or changing the policies. Employers must also provide a copy of their drug or breathalyzer testing policy to any candidate who accepts a job offer. Oklahoma`s drug testing regulations are strict, with a few exceptions. In general, a confirmed positive drug test result results in the immediate termination of employment and all medical and social benefits provided by the employer. Once an employee tests positive for drug or participates in a drug or alcohol treatment program, employers may require the employee to be tested for drugs or alcohol for up to two years after returning to work. Oklahoma is a “mandatory” state, meaning that any private employer who wishes to conduct drug and/or alcohol testing on unregulated workers in that state must do so in accordance with the state constitution, laws, regulations, local ordinances, and court decisions. If an employee fails the first drug test, they can request additional tests. If they fail the second test, they can be released immediately.

For workers who work in workplaces that are not traditionally safety-sensitive, the law still allows employers to take adverse action against workers who report to work impaired. Unfortunately, nowhere does the new law define what “under the influence of medical marijuana” means. However, the Unity bill refers to Oklahoma`s Workplace Drug and Alcohol Testing Standards Act, which lists the circumstances under which an employer can conduct “motivated” testing and, along the way, provides some guidance on the types of observations that might lead an employer to believe an employee was under the influence of marijuana at work. The law states that employers must inform employees of a policy that regulates drug testing and inform them of their rights and obligations. Under Oklahoma law, employers can require individuals to submit to a drug test only if required by federal or state law, if it is related to work and safety, and if it is intended for valid business purposes. Methamphetamine and methamphetamine labs are big problems in Oklahoma. Marijuana is the most cited drug among primary treatments in Oklahoma, followed by stimulants (including methamphetamine). Register online for a drug test by clicking on the “Register Now” button below. You can also call (888) 378-2499 if you have any questions about our drug testing services. In addition, an employer may conduct random testing on a specific basis or based on a cause. Oklahoma workers injured in a workplace accident may be asked to undergo a drug test after the accident.