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.

Urine Drug Test Information.The Urine Drug Test is the most pop­u­lar, the least com­pli­cated and is by far the eas­i­est to beat.

Hair Drug Test Information.The Hair Drug Test can use any hair on your body, detect usage for at 90+ days and is the hard­est to beat.
Saliva Mouth Drug Test Information.The Saliva Drug Test can be given anywhere, is hard to beat and always requires a detox prod­uct to pass.
The Best Blood Drug Test Information.The Blood Drug Test is rare, has a short drug detec­tion time but is often given with a urine test.

 
 

Oklahoma Drug Laws For Employees.

How To Pass A Drug Test Under Oklahoma Drug Laws.

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.

Learn To Pass A Drug Test With Always Test Clean.

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.

 

 
State: Oklahoma
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:
  • Apart from compliant applicant testing upon conditional offer of employment, authorized chemical tests for controlled substances include reasonable suspicion, post-accident, random testing (with restrictions to public employers for specific positions; unrestricted for private employers), as part of periodic fitness-for-duty medical examination (same restrictions for public employers apply), and post-rehabilitation testing.

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  • The employer’s drug or alcohol testing policy must be compliant with the provisions of the Standards for Workplace Drug and Alcohol Testing Act and must be communicated to employees and prospective employees through posting at prominent employee access areas, personally handing a copy of the policy, through mail, or via e-mail with document receipt capability.
  • The employer shall pay for all costs of the drug or alcohol testing as required including confirmation tests and transportation costs of the employee to the testing laboratory. Employee requested retests for confirmed positives to be paid by the employee unless the results of the retesting come out negative. In such cases the employer pays for the cost of the retest. The time allotted to the tests is to be considered as compensable work time.
  • Collection of samples may be performed on-site but only by qualified individuals as determined by the State Board of Health. Actual testing must be conducted at licensed testing facilities only.
  • An employer requiring or requesting an employee to undergo drug or alcohol testing must also provide an employee assistance program, either in-house or contracted, that provides at the minimum substance dependency evaluation and referral services for counseling, treatment and rehabilitation.
  • An employer may only take adverse employment action upon a confirmed positive test result. An employee’s refusal to undergo compliant drug or alcohol testing is also a basis for disciplinary action. For cases of refusal to test or a confirmed positive test, the employee is considered discharged for misconduct and may be ineligible for benefits.

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.

Federal And Oklahoma  Drug Test Laws On Marijuana.

Oklahoma Drug Laws On Marijuana.

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.

REFERENCE:

NOLO – Legal Encyclopedia – Oklahoma Laws on Workplace Drug Testing.

Oklahoma Drug Laws On Marijuana Possession.

Federal Laws On Marijuana Possession.