State: Oregon
Statute of Order: OR Rev. Stat. § 438.435 et seq.; 659.227
Covered Employers: All employers.
Applicant Testing: Testing authorized if there is reasonable suspicion applicant is under the influence of alcohol or controlled substance.
Employee Testing: Testing authorized if there is reasonable suspicion employee is under the influence of alcohol or controlled substance.
Conditions & Methods: Testing done by third party. All positive test results must be confirmed by a state licensed laboratory.
Pass Drug Testing Bulletpoints:
  • Employer shoulders all costs of medical examination required as a condition for employment unless the medical examination is required under a collective bargaining agreement or by a statute or ordinance.
  • Substance abuse testing must be performed only by licensed laboratories in strict compliance to Oregon State’s Clinical and Environment Laboratories statutes. Confirmation testing for positive test results from initial on-site tests that are approved by the State must also be conducted only by licensed laboratories.
  • On-site testing, using non-medical substance of abuse (SOA) screening test kits approved by the US Food and Drug Administration and in compliance with US Department of Transportation standards, may be conducted by employers provided the employer is registered as a Substance of Abuse on-site facility in accordance with the provisions of the rules. An annual registration fee of $50 applies.
  • Injury wherein the major contributing cause is shown by evidence to be the employee’s consumption of alcoholic beverages or the illegal consumption of any controlled substance is not a compensable injury except if the employer had actual knowledge, encouraged or otherwise permitted the consumption of the alcohol or controlled substance.
  • Employees in violation of the employer’s reasonable and compliant policy on controlled substances and alcohol in the workplace may be disqualified for any claim on workers’ compensation and unemployment benefits.
  • 10 Things to Know To Pass A Drug Test In Oregon

    1) Who should get tested?

    The state of Oregon does not have very specific laws as to who is required to be tested by employers for the drug and alcohol abuse.

    2) What are the types of drugs that are tested for?

    Once again, the Oregon does not have any specific categories of drugs that it outlines in its laws.

    3) Company policies and disclosures

    The law of this state does not specify any sort of company policy, whether written or otherwise that is mandatory for the employer. Any such policy that is drawn up is done so at the discretion of the employer.

    4) Company notices

    Notices for drug and alcohol testing are given out, if at all, at the sole discretion of the employer. The law of the state does not bind any employer to having notices written or otherwise being handed out to employees.

    5) Who can be tested?

    In Oregon, an employer is only allowed to test an employee for alcohol on grounds of suspicion that he or she might be intoxicated. However there is no such limitation on the testing of drugs.

    6) Where are employees tested for the use of drugs?

    The state allows employers the liberty of testing ‘on-site’. This basically means that an employer can have his own testing facility in house. However any tests that is carried out need to be done so as per the laws of the state. The testing facility will also need to be registered with the state with the payment of a fee. The staff carrying out the tests also needs to undergo the required training. However all tests for confirmation have to be carried out at a lab that has been approved by the state.

    7) Procedure for testing

    In house testing requires that the employee fill in a registration form for substance of abuse and submit it along with a fee of $50. The lab that the tests are being carried out at, along with the person who is collecting the sample needs to be approved and certified by the SOA Registration.

    8) Who bears the costs?

    As per state laws, the employer is required to pay for all ‘medical’ examinations of the employee. However there is a loophole here – drug testing is not come under the category of a medical examination.

    9) Consequences of testing positive

    If an employee tests positive he or she could be disqualified on the grounds of violating a blanket policy set up by the employer on the grounds of possession or use of prohibited substances at the place of work. In the case of drivers testing positive for substance abuse, the state requires that the test be reported to the Department of Transportation.

    10) Medical Marijuana

    Medical marijuana is not allowed at the workplace in Oregon. While there is a section on limitations, nothing can be interpreted so as to make an employer allow the use of marijuana medically in the workplace.

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