Marijuana is legal in the United States for medical use in 40 out of 50 states and for recreational use in 24 out of 50 states. Oklahoma has legalized medical marijuana. Keep reading to find out more about workplace marijuana testing and how to deal with it as an Oklahoma resident.
Employers Testing
The Standards for Workplace Drug and Alcohol Testing Act allows public and private employers in the state to establish drug testing programs. The Act only allows drug testing in certain scenarios and requires that employers have written policies that outline how their drug testing is handled at work. If the employer changes their policy for drug testing, they have to provide at least 10 days’ notice before the changes can be implemented. If an employee tests positive or refuses to do the test, the employer can take action as far as termination.
Rules For Medical Marijuana Users
In the state of Oklahoma, medical marijuana cardholders are protected by state laws if they test positive for marijuana, except for some scenarios. They are not permitted to terminate, penalize, or refuse to hire someone because of their medical marijuana usage. However, if they don’t have a valid medical marijuana patient license or are under the influence at work, the rules may change. If the position is a safety-sensitive job, the rules may not apply. A safety-sensitive job is defined as any position that includes tasks or duties that the employer reasonably believes could affect the safety and health of the employee or others. This can include, but is not limited to:
- Carrying a firearm
- Dispensing pharmaceuticals
- Performing firefighting duties
Read More: The Common Rules of a Medical Marijuana Card in Oklahoma
Types of Drug Tests Allowed
Oklahoma employers can collect hair, urine, blood, and saliva samples from employees or applicants who may work for the company for drug tests. This is only the case as long as they are outlined in the Oklahoma Standard for Workplace Drug and Alcohol Testing Act. The specific conditions for testing include:
- Applicant and transfer or reassignment testing: May be required as a condition for a job offer.
- For cause-testing: If the employer believes that the employee is under the influence of drugs.
- Post-accident testing: If the employee was injured at work or property was damaged while at work.
- Random testing: Employees may be required to undergo a random drug test for the company.
- Scheduled drug testing: May be required by an employer to have it as a routine part of the job.
- Post-rehabilitation testing: An employer can require drug tests for up to 2 years after an employee’s return to work from a positive drug test or participation in a drug treatment program.
How to Handle a Marijuana-Related DUI Charge in Oklahoma
When to Seek Legal Help
If you believe that your employer is conducting illegal drug tests, it’s best to seek out the advice of a lawyer on what to do in that situation. You may also need the legal support of a lawyer if you fail a drug test, especially a random one. If you’ve been fired because of a positive drug test, getting a lawyer to explore your options is a good idea as well. Many different offences may occur, which would require legal advice from a lawyer.
Brune Law Firm may be able to help you when it comes to workplace drug testing in Oklahoma. Feel free to reach out if you are in a situation where a lawyer may be beneficial for you.