Workplace drug testing issues – State Laws – Oregon
These categories do not affect 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||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|
Intoxication Defense – States vary in their willingness to allow employers to use an injured worker’s intoxication against a compensation claim. 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 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 vary 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.