Even though marijuana is legal for recreational and medical use in Oregon, employers are not required to accommodate its use off the clock. That’s why it’s important for every employer to have a clearly written drug testing policy. The policy should define who gets tested, when tests happen, and what happens if someone tests positive. It must also explain whether confirmatory testing is available, and how decisions are made once results are received.
Individuals in Portland, Oregon may also need drug testing for any number of reasons. Immediate drug testing in all areas of Oregon is always available.
Oregon State Drug Testing Laws
Oregon’s drug testing laws set the baseline for what employers can and cannot do. Oregon employers are not required by law to drug test, but they may do so voluntarily. Any decision to test should be backed by a detailed policy that includes procedures, timing, and consequences. Without one, employers may face liability under state or federal labor laws.
The state provides employers with flexibility on testing frequency and sample type. However, the laboratory performing the test must be certified by Oregon’s Health Authority under ORS 438.010–438.510.
Medical Marijuana Considerations
Medical marijuana is legal in Oregon, but workplace policies may still prohibit its use. The Oregon Medical Marijuana Act does not require employers to make exceptions for employees who test positive. Courts have consistently ruled that employers can enforce drug-free policies regardless of state-authorized use.
This applies to both off-duty and on-duty marijuana use. Even with a valid medical marijuana card, employees may face adverse action if their test results conflict with workplace policy. Employers are not required to alter safety procedures or job expectations to accommodate marijuana use.
City of Portland Policies
Drug and alcohol testing generally involves positions with tasks that affect public safety or health. City policy supports testing when there is reasonable suspicion, not as a routine measure. The suspicion must come from a trained supervisor, be documented and be based on observable behavior or physical signs, such as:
- slurred speech,
- lack of coordination,
- or the smell of alcohol or drugs.
An employee involved in an accident may also be tested. If the employee fails the test or refuses to take it, they may be disciplined per the employer drug testing policy.
Employer Responsibilities
Employers are expected to clearly and specifically define the purpose and scope of their drug testing requirements and have these policies legally reviewed before they are implemented. Policies must explain
- how testing supports workplace safety,
- how results are used,
- testing timelines,
- sample types,
- and employee notification procedures.
Before testing employees, they should be informed of their rights and obligations during the process. This includes how the employee is required to respond to a positive result and outlining the employer’s responsibilities for any appeals.
Contact National Drug Screening for guidance or have us create a custom policy for your business.
Employee and Individual Rights
Employees who undergo workplace drug testing are protected by state and federal privacy regulations. Consent for drug testing is typically required at the time of an employment offer. If employees are part of a union or collective bargaining agreement, there may be additional terms regarding when and how testing is allowed.
If a positive drug test is received and it involves a prescription medication, individuals have up to 48 hours for the individual to provide documentation verifying the valid prescription.to the MRO. This can typically be done through a prescribing provider or pharmacy. If no verification is provided, the result remains positive and disciplinary measures outlined in the employer’s workplace drug policy may be implemented.
Individuals seeking personal testing do so voluntarily and have access to immediate drug testing from National Drug Screening.
FAQs
Can employers develop their own Drug-Free Workplace or Drug Testing policies?
Yes. Employers have the authority to create their own policies.
If an employee is in an accident while on the job, is the employee required to submit to a drug test?
Yes, when required by the employer’s Drug Testing policy.
