Oklahoma Drug Laws
We are going to explore two aspects of Oklahoma drug laws and the information necessary to learn how to pass a drug test in Oklahoma.
Learning The Basics Of Oklahoma Drug Laws.
First, we are not attorneys and can not provide specific advice on the Oklahoma Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Oklahoma drug laws.
Second, for those of you who are concerned with those Oklahoma Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Oklahoma.
There Are Four Major Drug Tests Given In Oklahoma.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Oklahoma.
Oklahoma Drug Laws For Employees.
Oklahoma law allows employers to test applicants and employees for drugs. Oklahoma allows employers to require applicants and employees to take drug tests, as long as the employer follows state procedures. Employers are not required to drug test.
Drug Testing for Oklahoma Applicants.
Employers in Oklahoma may require applicants to take a drug test as a condition of employment.
Drug Testing for Oklahoma Employees.
Oklahoma employers may require employees to take drug tests in the following circumstances:
- following a workplace accident causing injury or property damage
- at random
- as part of a routine fitness-for-duty exam, and
- as a follow-up to a rehabilitation program.
Employers may also test for cause, if they have a reasonable belief that the employee is under the influence of drugs at work (based on, for example, seeing the employee with drugs, an unexplained pattern of absences or tardiness, or employee behavior that suggests impairment).
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Oklahoma? Even though Oklahoma Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Oklahoma Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Oklahoma employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Oklahoma Drug Laws.
|Statute of Order:||OK Stat. Tit. 40 §551-565|
|Covered Employers:||Public and private employers|
|Applicant Testing:||Applicant testing authorized with advance notice to applicant and after offer of employment has been made. Notice to be in writing, describing methods, procedures, and policies in detail.|
|Employee Testing:||Employees testing authorized on 30 days’ advance notice to employees of policy describing the potential discipline for positive test result.|
|Conditions & Methods:||Procedures must ensure privacy and confidentiality of results. Confirming test in case of positive findings.|
|Testing Bullet Points:||
The Oklahoma Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Oklahoma Are For Breaking Oklahoma Drug Laws For Marijuana, Not Federal Or Local Laws.
Oklahoma drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Oklahoma behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Oklahoma using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Oklahoma is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
NOLO – Legal Encyclopedia – Oklahoma Laws on Workplace Drug Testing.