| 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 |
The employer may conduct reasonable suspicion alcohol tests for alcohol testing or when the individual consent to be tested; the 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 |
It is not required but highly recommended to avoid liability exposure. |
| Random Testing |
No restrictions |
|
| Post-Accident |
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; the 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 sees § 657.176 Grounds and procedure for disqualification. |
| 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 of 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 home. Be sure to address Medical Marijuana in your company's drug-free workplace policy. The statute does not require an employer to accommodate medical marijuana use in the workplace. |
| Recreational Marijuana |
Yes |
When stated in a company policy, recreational marijuana smokers will have no defense if they are 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 liability exposure. |
