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Oregon State Drug Testing Laws

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 IssueStatusComments
Instant or POCT TestingRestrictedFacilities 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 PanelsNo Restrictions except for alcoholThe 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.
LaboratoryRestrictionsAll 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 requiredIt is not required but highly recommended to avoid liability exposure.
Random TestingNo restrictions 
Post-AccidentNo restrictions 
Reasonable SuspicionRestrictions for alcohol testingFor 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 FluidsNo restrictions 
Hair TestingNo restrictions 
Unemployment DenialYesAddress in your company policy sees § 657.176 Grounds and procedure for disqualification.
Workers Comp DiscountNo 
Intoxication DefenseYesA 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 MarijuanaYesNeither 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 MarijuanaYesWhen stated in a company policy, recreational marijuana smokers will have no defense if they are positive on a workplace urinalysis.
Report Driver DOT PositivesYesThe 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.

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.

§ 657.176

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.

View Individual State Law Summaries

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