Workplace drug testing issues – State Laws – Oregon
These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in Oregon
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Restricted||Facilities must register with the State and meet conditions to be able to provide instant or onsite testing. Only FDA approved devices can be utilized.|
|Drug Panels||No Restrictions except for alcohol||For alcohol testing the employer may conduct reasonable suspicion alcohol tests or when the individual gives consent to be tested; device must be NHTSA approved and conform to 49 CFR part 40; the employer must pay for the test.|
|Laboratory||Restrictions||All laboratories performing the tests, examinations or analyses must be licensed under the provisions of ORS 438.010 to 438.510 and must employ qualified technical personnel to perform the tests, examinations and analyses. SAMHSA certified laboratories will qualify.|
|Medical Review Officer (MRO)||Not required||Not required but highly recommended to avoid exposure to liability.|
|Random Testing||No restrictions|
|Reasonable Suspicion||Restrictions for alcohol testing||For alcohol testing the employer may conduct reasonable suspicion alcohol tests or when the individual gives consent to be tested; device must be NHTSA approved and conform to 49 CFR part 40; the employer must pay for the test.|
|Oral Fluids||No restrictions|
|Hair Testing||No restrictions|
|Unemployment Denial||Yes||Address in your company policy see § 657.176 rnGrounds and procedure for disqualificationrn|
|Workers Comp Discount||No|
|Intoxication Defense||Yes||A compensable injury does not include an injury where the major contributing cause of which is demonstrated to be by a preponderance of the evidence the injured worker's consumption of alcoholic beverages or the unlawful consumption of any controlled substance, unless the employer permitted, encouraged or had actual knowledge of such consumption.|
|Medical Marijuana||Yes||Neither state nor federal disability laws require employers to accommodate the use of illegal drugs at work or at home. Be sure to address Medical Marijuana in your company drug free workplace policy. Statute does not require an employer to accommodate medicalrnmarijuana use in the workplace.rn|
|Recreational Marijuana||Yes||When stated in a company policy, recreational marijuana smokers will have no defense if they come up positive on a workplace urinalysis.|
|Report Driver DOT Positives||Yes||The regulation applies to positive DOT drug test results; positive alcohol test results are not reported. The MRO initiates the report using a standard Oregon State form and forwards it to the employer. The employer completes the form and forwards it to the State agency. The information is entered into a State database and released to employers only with a signed release from the driver. No actions are taken on the driver's CDL.|
|General Statute||The Oregon civil rights laws donu00b4t specifically address drug testing of employees. Click Here for tips on a drug testing program that eliminates exposure to liability.|
Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation. State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.
State Law Oregon