Oklahoma State Drug Testing Laws 2022: Everything We Know

Oklahoma State Drug Testing Laws 2022: Everything We Know

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Oklahoma's drug testing regulations are strict, with a few exceptions. In general, a confirmed positive drug test result triggers the immediate termination of employment and any medical and welfare benefits afforded by the employer. 

It includes contributions to retirement accounts and workers' compensation coverage. Compared to other states, Oklahoma has adopted a "zero tolerance" policy against drug abuse in the workplace. 

However, Oklahoma has carved out an exception for state employees with a"safety-sensitive" job title. These jobs entail any work that provides safety to human life, the environment, or public protection. 

State employees in these positions must notify their employers of their drug use and enter into a treatment plan with a state addiction specialist. Failure to comply with this plan could lead to termination.

Furthermore, the following article gives a detailed explanation of Oklahoma's state drug testing laws.

Table Of Contents:

CPS/Child Protective Services Drug Test Laws In Oklahoma State

Like many other states, Oklahoma has adopted a "zero tolerance" policy in every aspect of life. It means that drugs are dangerous for an individual, and the illegal substance users are a menace to society and should be penalized appropriately. 

The Child protective services drug testing program is no different, and the agency is very clear about protecting children from drug users who may harm them. If you smoke pot or use other illicit substances and get involved with CPS within a specified time frame, you will undergo drug testing. 

In Oklahoma, the CPS policy is as follows:

  • A person who tests positive for cannabis or other illegal drugs within 24 hours of an investigation will be removed from the child's home.
  • If the test is negative within 24 hours but within 14 days of the investigation, a drug testing report will be sent to the state's Office of Child Welfare.
  • Suppose the test remains negative for 14 days, but a further investigation of the child shows evidence that drugs and alcohol are being used at home. In that case, the child will be removed from the house and placed in foster care until an investigation at CPS.
  • The Office of Child Welfare will decide based on the information collected during the investigation regarding your ability to care for the child and whether or not you should be allowed to keep them in your home.

How Does CPS Drug Test Work In Oklahoma?

CPS follows the drug testing process as other agencies in the state. If you are involved in a CPS case and indicate that you are suspected of drug use, you will need a drug test to confirm or refute this suspicion.

If it is confirmed that you were using drugs, the court may terminate your parental rights and remove your kid from your care. However, CPS drug testing works as follows in Oklahoma State:

  1. It all starts with suspicion or a report of suspected drug use. It can be a report of a parent smoking pot or having in their possession illegal drugs.
  2. The case is then handed over to an investigator to investigate the allegations against you and your children.
  3. The investigator will contact you and schedule an appointment for a drug test for all family members, including the child you are suspected of abusing or neglecting.
  4. A CPS official takes urine, hair follicle, or oral swab sample and sent to a laboratory for analysis.
  5. The results are sent to the agency's drug testing unit within 72 hours.
  6. If you test positive for drugs, you will be placed on a treatment plan and monitored by the agency's drug testing unit. Additionally, if it is determined that your drug use is a contributing factor to the abuse and neglect of your child, the court may announce you are devoid of your parental rights.
  7. You will not be allowed to leave the state until the agency's drug testing unit clears you.
  8. If you refuse to take a urine or hair follicle test, the court may terminate your parental rights immediately.

What Type Of Drug Tests Does CPS Use In Oklahoma State?

CPS does not simply use urine tests for drug testing; it also takes hair follicles and oral swabs from the children to confirm or refute the suspicion of drug abuse. The agency may use hair samples for testing, especially if it is suspected of heavy drug use. 

In addition, CPS does not simply rely on the suspected user's testimony about their drug use; it utilizes other evidence to prove suspicion or detection of drug abuse.

CPS might even utilize blood tests from children in some instances where there is a suspicion that chronic abuse has occurred or has been taking place within the home.

Option For CPS Hair Follicle Drug Testing In Oklahoma State

The top option for the CPS hair follicle drug test in Oklahoma State is the Uritox hair follicle drug test. It measures the concentration of toxins and drugs in the hair, indicating drug usage over a prolonged period. 

The Uritox hair follicle test is simple and quick to conduct, and it can detect drugs with great accuracy. The hair follicle test measures the levels of illegal drugs such as cocaine, methamphetamines, opiates, and THC. 

The Uritox hair follicle drug test is very easy to use, and it can be conducted at home and on approved devices. In addition, the Uritox hair follicle drug test is very affordable, and it is a very reliable method of testing.

Newborn Drug Testing Laws In Oklahoma State

Like many other states, Newborn drug testing laws in Oklahoma State have changed over time. Most of the large urban hospitals in Oklahoma might regularly test for illegal substances if the women present in the hospital have a history of drug abuse or are suspected of using drugs while pregnant. 

The testing might be conducted on the baby right after birth to confirm if there is any illegal drug usage. Suppose the test results are positive during a urine test. In that case, the mother will immediately be isolated and separated from her newborn until a second test confirms that the child is not affected by any illegal substances. 

If the second test results are positive, the mother will be placed into the Drug-Free Treatment Program. However, if the second test comes back negative, this will confirm no trace of drugs in the newborn's body and that it is safe to leave the baby in her mother's care.

As per Oklahoma state law, the maximum time for conducting the urine test is 30 days from the child's birth. The lab can take another sample if the first test results are still within the acceptable limits. 

Moreover, in the case of newborn drug testing, the mother must sign a consent form before the lab can take a urine sample from the baby. The consent form will state the legal consequences of testing positive for illegal substances when the baby is born. The lab will then report the drug test results to CPS within 72 hours.

Pre-Employment Drug Testing Laws In Oklahoma

The pre-employment drug testing laws in Oklahoma apply to every employee who looks for a job in Oklahoma. All the agencies within this state that receive funding from the federal government can have a condition of employment to conduct pre-employment drug testing on behalf of the state. 

If you want to apply for a job in this state, you will be required to take a drug test to prove that you are not abusing any illegal drugs. However, the law does not state that you have to pass the drug test to get a job in this state; it is up to the employer whether they want to hire you or not. 

The pre-employment drug testing laws in Oklahoma State that every person who applies for a job with the state must submit to a drug screening test and be given proper medical care if needed. 

If any employee fails the initial drug test, they will be allowed to ask for additional testing. If they fail the second test, they might be dismissed immediately. 

Moreover, as an employer in Oklahoma, you will also be required to explain to the applicant which drugs might cause them to fail the test. Whether or not you are a resident of Oklahoma, pre-employment testing is mandatory in this state. 

If you want to get a job in this state, it is highly recommended that you take advantage of these laws while they are still in effect.

Do Teachers Get Drug Tested In Oklahoma?

As per the law in Oklahoma, teachers are not subjected to drug testing or physical examination. However, if a teacher is suspected of abusing drugs, they might undergo a drug test at their employer's discretion. 

The law in Oklahoma also specifies that all private and charter schools can choose whether they want to test their teachers or not. However, they cannot discriminate based on the results of such tests. 

If a teacher fails the drug test, they might be subject to a disciplinary process that will include termination of employment. As per Oklahoma state law, if the teacher is drug tested based on suspicion, the teachers' baseline level of drug abuse is 150 ng/mL of THC. 

This level is determined on a case-by-case basis and might be lower or higher depending on the actual drugs used in the body. If a sample comes back with a THC level above 300 ng/mL, the teacher will have to prove that they are not abusing illegal substances before continuing to work with children. If they fail this test, their employment with this state might be terminated.

Top 10 Companies And Agencies That Drug Test In Oklahoma

Many companies in Oklahoma drug test the employees working with them. A few of them are:

  1. The Nordam group: This Company is based in Tulsa, Oklahoma. As per the drug testing program of this company, the employees might be subjected to Urine or Blood drug testing to maintain a safe workplace.
  2. Bob Howard auto group: This is a car dealership located in Oklahoma. This company conducts drug testing for all the employees working with them.
  3. Target: The Company sells general retail merchandise in the United States. To maintain a safe working environment, the company requires all employees to submit to a drug test before starting work.
  4. Candid Color Systems: Candid Color Systems is an Oklahoma-based company that provides custom color solutions for businesses and industries. All the employees working with this company are subjected to drug testing and urine drug screening to ensure their safety.
  5. C. Watts and Sons Const. Co: This Company is a construction company based in Oklahoma City. This drug-testing program specifies that it will perform alcohol and drug testing on all its employees.
  6. J. H. Kelly: It is a construction company located in Oklahoma. Employees working with J. H. Kelly are subjected to drug testing and urine drug screening as per their policy.
  7. Chesapeake Energy: Chesapeake Energy is the second-largest natural gas company in the United States. The company is based in Oklahoma, and the employees working with them have to submit to drug testing under their policy.
  8. Helrich & Payne: Helrich and Payne is a Drilling oil and gas wells company based in Tulsa, Oklahoma. This company's workplace drug and alcohol testing policy specifies that it will conduct urine drug testing on its employees.
  9. WorldCom Inc.: WorldCom Inc. is a company that provides telecommunication services to the U.S. and international markets. This company also has a drug-free workplace that applies to all the employees working with them.
  10. American Red Cross: This organization provides disaster services and other aid to people in the United States. This organization's drug and alcohol testing policy specifies that all employees working with them have to go through drug testing and a physical examination.

Top 10 Jobs In Oklahoma That Don't Drug Test

In addition to the jobs subjected to drug testing, several positions in Oklahoma don't have any restrictions on drug testing. The list of these positions has been compiled below:

  1. Salespeople: Salespeople have nothing to do with drugs and alcohol, so they do not fall under the definition of a drug user. Therefore, they don't have to undergo testing before starting work.
  2. Housekeeper: A housekeeper is not responsible for the protection of any other person, so they do not have to face any testing.
  3. E-commerce order pullers: These are the people who take orders on the internet. They do not have to face a test as they are not physically present at the customers' homes.
  4. Cashier: Cashiers are responsible for ensuring customers' safety, but they have nothing to do with drugs and alcohol. Employees working with them do not have to undergo any testing before starting work.
  5. Home Sales Consultant: Home sales consultants do not have any impact on the safety of others. They are not subjected to a drug test by their employers.
  6. Customer service representative: A customer service representative is not responsible for the health and well-being of other customers, so they do not have to face any testing.
  7. Social worker: Social workers are not responsible for the safety of other people. Thus it is less likely that they will be subjected to drug testing.
  8. Statistical Research Specialist: A statistical research specialist is a person who works with data and is not responsible for the safety of any person. Therefore, they do not have to face any testing.
  9. Workstation Support Specialist: A workstation support specialist's responsibility is to fix and troubleshoot workstations. There is no need for them to undergo any testing by their employers.
  10. Building Maintenance Mechanic: A building maintenance mechanic repairs and maintains machines that house machinery. They don't have to undergo any drug test by their employers to start working.

Oklahoma Employer Drug Testing Laws

Oklahoma adopted the Uniform Guidelines on Employee Selection Procedures in 1982. The state has a Drug Testing Law that outlines the conditions under which employers can conduct drug screening. 

The law states that employers must notify employees of a policy governing drug testing and inform them about their rights and obligations. Under Oklahoma law, employers may only require individuals to submit to drug testing if doing so is required by state or federal law, is job-related and safety-related, and for a valid business purpose. 

In addition, an employer can carry out random testing on a specified basis or based on a cause. Oklahoma workers injured in a workplace accident may be asked to submit to a post-accident drug test.

As per state law, it is the right of an employer to ask its employees to submit to drug testing after a work-related accident; however, the employer must have a written policy and notify their staff members before the testing. 

Furthermore, an employer in Oklahoma can require its employees to submit to drug testing as a part of routine physical examinations. According to the state's Drug Testing Law, employers have the right to drug test their employees and potential employees to ensure safety. 

However, any drug tests that are conducted must be following guidelines set by the state. If an employee fails a drug test, the employer shall not fire them without written notification. 

The notice should contain the nature of the violation and why the termination was made. Also, an employee who has been fired for failing a drug test has the right to appeal to an administrative hearing.

What Are The Consequences Of Failing A Drug Test On Probation In Oklahoma?

Oklahoma law states that probationers who violate their probation may be considered for revocation of their probation. If a violation has occurred, the person will have to appear at a revocation hearing and give a valid point as to why they should not be sentenced or put on actual probation. 

Furthermore, if a person faces a potential probation violation, they should seek legal help. Probation is a criminal law matter and must be handled by an attorney and not a layperson. 

However, as per state law, the hearing for a probation violation will be held in front of a judge and not a jury.

Conclusion

Drug testing has been an integral part of the workplace for almost three decades. It is imperative to know your rights and comply with the Drug Testing Laws of Oklahoma so that you do not face any complications in the future. 

Remember that you have the right to be informed about your employer's drug testing policy and challenge any action or treatment against your rights. If you are on probation, know your rights and take appropriate legal measures to prove your innocence. Thus, if you have been charged with a drug-related case, seek legal help.

FAQ

Can you pass a drug test with a medical card in Oklahoma?

Yes, you can pass a drug test with the help of a medical card in Oklahoma. As per the state's Drug Testing Laws, you can use a medical card to avoid drug testing by your employer if you have your healthcare provider's approval. Additionally, an employer cannot fire you due to a positive drug test result.

Does Oklahoma have any laws about MMJ?

Yes, Oklahoma has laws about MMJ, it is illegal for recreational use, but it is legal for medical use as long as you are a medical marijuana license holder. The state has not set up any registry to regulate medical MMJ. However, there are specific rules and regulations that you must fulfill to obtain a license for the drug.



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