| 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: |
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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.
PASS A DRUG TEST IN OREGON
