Details Oklahoma employers will soon face new rules governing workplace drug testing and “safety-sensitive” positions. In April 2026, the Oklahoma Legislature passed House Bill No. 3127, which goes into effect on November 1, and will amend the Oklahoma Medical Marijuana and Patient Protection Act (OMMPPA). The bill changes what standard employers must apply to employees in “safety-sensitive” positions, limits the definition of “safety-sensitive,” and allows employers to enforce a state-law-compliant drug testing policy.
I. Material Changes to the StatuteThe material changes to the law appear in 63 O.S. § 427.8(H) and (K). Please note that disciplining, firing, or refusing to hire someone based solely on their possession of a medical marijuana license is still against the law. 63 O.S. § 427.8(H)(1). Additionally, disciplining, firing, or refusing to hire someone based solely on the basis of a positive test for marijuana components or metabolites is prohibited, unless one of the following exceptions is met. 63 O.S. § 427.8(H)(2). Beginning November 1, the exceptions will be:
- The applicant or employee is not in possession of a valid medical marijuana license
- The licensee possesses, consumes, or is under the influence of medical marijuana or a medical marijuana product while at the place of employment or during the fulfillment of employment obligations
- Such action is taken pursuant to a written drug and alcohol testing policy adopted and enforced in accordance with the Standards for Workplace Drug and Alcohol Testing Act, Section 551 et seq. of Title 40 of the Oklahoma Statues.
63 O.S. §§ 427.8(H)(2)(a)-(c). The last exception is new and an indication that the Legislature intended to allow employers the ability to enforce their drug testing policy as long as the policy is compliant with the Standards for Workplace Drug and Alcohol Testing Act.
Additionally, the amended statute revises the standards applicable to safety-sensitive positions. The statute mandates that “an applicant or employee employed in a safety-sensitive position, as defined in subsection K of this section, shall be subject to a zero-tolerance drug and alcohol standard.” 63 O.S. § 427.8(H)(2)(c). The amended statute also defines “safety-sensitive position” to mean any position in which the employee performs one or more of the following duties, including but not limited to:
- The handling, packaging, processing, storage, disposal, or transport of hazardous materials
- The operation of a motor vehicle, other vehicle, equipment, machinery, or power tools
- Repairing, maintaining, or monitoring the performance or operation of any equipment, machinery, or manufacturing process, the malfunction or disruption of which could result in injury or property damage
- Performing firefighting duties
- The operation, maintenance, or oversight of critical services and infrastructure, including but not limited to electric, gas, and water utilities and power generation or distribution
- The extraction, compression, processing, manufacturing, handling, packaging, storage, disposal, treatment, or transport of potentially volatile, flammable, combustible materials, elements, and chemicals or any other highly regulated component
- Dispensing pharmaceuticals
- Carrying a firearm
- Direct patient care or childcare
63 O.S. §§ 427.8(K)(1)(a)-(i)
II. The New Exception63 O.S. § 427.8(H)(2)(c) is a new exception. This allows employers that maintain a state-compliant drug testing policy to enforce it if an employee or applicant tests positive for marijuana components or metabolites. This additional exception is a change to the prior statute. All companies should confirm that their current drug testing policy is compliant with the Standards for Workplace Drug and Alcohol Testing Act, which identifies specific requirements for such a policy, collection, and testing. Please note that if a company makes changes to its drug testing policy, it must provide 10 days’ notice of the changes to employees.
III. The New Standard for Safety-Sensitive PositionsPursuant to the new statute, employers must apply a zero-tolerance drug and alcohol standard to applicants and employees in a safety-sensitive position. Under this amended law, it does not matter whether the employer has more permissive standards for non-safety-sensitive roles. If the position qualifies as safety-sensitive, the employer must apply the zero-tolerance standard.
IV. The New Definition of Safety-Sensitive PositionsThe next significant change is that the definition of safety-sensitive was amended and limited. To define safety-sensitive, the former statute provided an inexhaustive list of tasks or duties that could make a job safety-sensitive. 63 O.S. § 427.8(K)(1). This list did not change in the amendment. However, the amended statute did revise the preamble to the definition of safety-sensitive positions. The old statute defined safety-sensitive positions to include any job where an employee was performing a task or duty that the employer reasonably believed could affect the health or safety of the employee or others. 63 O.S. § 427.8(K)(1). The amendment removed this language. In the prior statute, employers had wide discretion to decide what other positions might reasonably be safety-sensitive. Under the amended law, an employee occupies a safety-sensitive position if the employee performs one or more of the tasks or duties listed above.
V. Next StepsAs November 1 approaches, all companies should review their employment policies to ensure they are prepared when the new law goes into effect. Specifically, it will be helpful to review job descriptions and duties to determine which positions fall under the new definition of safety-sensitive. Employers should also review, and revise if needed, their drug and alcohol testing policies to align with the new zero-tolerance standard. Moreover, companies should confirm that all drug testing policies are compliant with the Oklahoma Standards for Workplace Drug and Alcohol Testing Act. When a drug testing policy is amended, all revised drug testing policies should be disseminated to all employees, employee acknowledgement of the new policy should be collected, and all employees and members of management should be trained regarding the new policies. To provide the company sufficient time to implement the revised policies and obtain employee acknowledgments, the policies should be rolled out on or before October 19, 2026.
If you have questions about how these amendments affect your workforce, or need help reviewing job duties, identifying safety-sensitive positions, or revising your drug and alcohol testing policies before they take effect, please contact the author of this alert.
The author thanks Lynn Hernandez, First Year Associate, for her contributions to this article. |
