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Oklahoma Drug Testing Compliance

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Oklahoma

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make Oklahoma drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to legally conduct Oklahoma drug testing. Oklahoma is a “mandatory” state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply. This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing for drugs or alcohol in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: Written and administered according to Oklahoma statute 40 O.S. 551 – 563. Company policy must be given to each employee or applicant by mail, email, company website, or hand-delivered for Oklahoma.
Q2: Please choose a reason for drug and alcohol testing:
Yes
No
No (but must have facts)
Yes - Review OSHA new ruling
Limits
Limits
Yes - 2 year limit
Q3: Are there any state requirements for test methods?
A: All types of testing are permitted, but some restrictions apply.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, or a metabolite thereof.Department of Health lists drugs approved for testing in urine and saliva, and different, shorter list of drugs approved for testing in hair.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: Consistent with federal regulations/State Bd. of Health; labs certified for urine testing by SAMHSA and CAP-FUDT; other lab certifications may be acceptable.
Q7: What types of specimens can we test for?
A: urine, saliva and hair for drug screens and confirmations; breath or saliva for alcohol screens and breath or blood for confirmation.
Q8: Are there restrictions for Alcohol Testing?
A: Alcohol positive is considered any result at or above 0.02.

Oklahoma Drug & Alcohol Testing Laws

This law was enacted in 1993. It has been amended several times. These rules are extremely detailed. In some aspects, an employer’s program is limited (drugs that may be tested), but in others unrestricted and open (random testing or discipline). Since the Oklahoma courts have taken a very stern view of any rule violations, employers must be very careful in the design and implementation of any testing program. Regulations under this law were first issued in 1995. They have been amended a number of times since then.

On June 26, 2018 this state's voters approved Initiative 788 by a vote of 56% to 43% allowing the use of marijuana for medical purposes. When conduct in any workplace drug and/or alcohol testing employers of Oklahoma must be sure to comply with the Oklahoma standards for Workplace and follow "The Testing Act was not enacted to require or encourage employers to conduct drug testing but, if an employer chooses to conduct drug testing, "drug or alcohol testing of job applicants or persons employed in Oklahoma shall be governed by the provisions of this act and the rules promulgated pursuant thereto.”

Employers can still test for marijuana, they can take employment action against any medical marijuana license holder who is found using or in possession of marijuana while in the workplace.

Employers cannot take action of an employee's status as a medical marijuana license holder or if a medical marijuana license holder tests positive for marijuana or its metabolites alone. Employer also, cannot discriminate against a person in hiring, termination or imposing any term or condition of employment or penalize a person.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Can I do a random testing for my employees in Oklahoma?

Correct! But there is a limitation. 

Urine may not be used to test for alcohol in Oklahoma, except during rehab. Reg. OAC 310: 638-7-8(a)

Answer is “Yes”

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Oklahoma Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Oklahoma personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: Employers may not discriminate against applicants and employees because they are medical marijuana cardholders and because they have tested positive for marijuana. Employers may prohibit marijuana use or impairment in the workplace even if the employee has a medical marijuana card.

Personal Use: Recreational marijuana is not allowed in this state.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

Elena Creekmore VS. Pomeroy IT Soluctions INC.

10-CV-0091-CVE-PJC
  1. Wrongfully terminated substance tested that can’t be tested under standards of work place drug and alcohol testing act. OKLA. STAT. tit. 40, 551-565

Elena Creekmore. Testing a substance Schedule IV violated the Testing Act.

Employer will implement the requirements of the Testing Act into its policy.

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Oklahoma DRUG SCREENING?

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