Last updated: September 21, 2020
Oklahoma drug testing locations
- Broken Arrow
- Del City
- El Reno
- Elk City
- Midwest City
- Oklahoma City
- Ponca City
- Pryor Creek
- Sand Springs
- Warr Acres
Oklahoma drug testing laws
If an employer or a prospective employer in Oklahoma has asked you to take a drug test, you will want to know your legal rights. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn’t otherwise require or prohibit drug tests. For the most part, state and local laws determine whether a private employer may require drug testing. 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.
All classified and unclassified, permanent or probationary, full or part-time employees or employees under contract are subject to for-cause testing in accordance with this procedure. Volunteers or other non-compensated persons may not be tested.
Drug or alcohol testing by employers
Employers may conduct drug and alcohol testing in accordance with the Standards for Workplace Drug and Alcohol Testing Act. Employers who choose to conduct drug or alcohol testing may only request or require an applicant or employee to undergo testing under any of the following circumstances:
- Applicant and transfer/reassignment testing: A public or private employer may request or require an applicant to undergo drug or alcohol testing and may use a refusal to undergo testing or a positive test result as a basis for refusal to hire. A public or private employer may also request or require an employee who transfers to a different position or job, or who is reassigned to a different position or job, to undergo drug or alcohol testing;
- For-cause testing: A public or private employer may request or require an employee to undergo drug or alcohol testing at any time it reasonably believes that the employee may be under the influence of drugs or alcohol, including, but not limited to, the following circumstances:
- 0 Drugs or alcohol on or about the employee’s person or in the employee’s vicinity,
- 0 Conduct on the employee’s part that suggests impairment or influence of drugs
- 0 A report of drug or alcohol use while at work or on duty,
- Post-accident testing: A public or private employer may require an employee to undergo drug or alcohol testing if the employee or another person has sustained an injury while at work or property has been damaged while at work, including damage to equipment. For purposes of workers’ compensation, no employee who tests positive for the presence of substances defined and consumed pursuant to Section 465.20 of Title 63 of the Oklahoma Statutes, alcohol, illegal drugs, or illegally used chemicals, or refuses to take a drug or alcohol test required by the employer, shall be eligible for such compensation;
- Random testing: A public or private employer may request or require an employee or all members of an employment classification or group to undergo drug or alcohol testing at random and may limit its random testing programs to particular employment classifications or groups, except that a public employer may require random testing only of employees who:
- 0 Are police or peace officers,
- 0 Have drug interdiction responsibilities,
- 0 Are authorized to carry firearms,
- o Are engaged in activities which directly affect the safety of others.
- Any confirmed positive test for drugs which has been reviewed and verified by the medical review officer (MRO) for which there is no medically acceptable explanation of the positive result other than the use of drugs and which is either unchallenged or reconfirmed by a test of the split specimen;
- Any positive test result for alcohol at a level of .04% or greater;
- Any refusal to submit to testing or conduct which interferes with, or obstructs the testing process including: any unreasonable delay in reporting to the collection site; any attempted adulteration or substitution of a sample; or any failure to produce a sample within three hours after requested; or
- Any test result received from the MRO indicating a refusal to test, including verification of an adulterated or substituted sample, which is either unchallenged or reconfirmed, by a test of the split specimen.
Legal claims arising from drug testing
Even though Oklahoma law allows employers to drug test, employees and applicants may have legal claims based on who was tested, how the test was conducted, or how the results were used. Here are some examples:
- Violation of state laws and procedures. Although an employer has the legal right to test, it must follow the state’s requirements.
- Disability discrimination – The Americans with Disabilities Act (ADA) protects an applicant or employee who is taking medication for a disability. 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 publicizes that the employee tested positive, the test result was inaccurate, and the employer knew or had reason to know of the error.