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Oregon Drug Testing Laws and Regulations

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State: Oregon
Statute of Order: OR Rev. Stat. § 438.435 et seq.; 659.227
Covered Employers: All employers.
Applicant Testing: Testing authorized if there is reasonable suspicion applicant is under the influence of alcohol or controlled substance.
Employee Testing: Testing authorized if there is reasonable suspicion employee is under the influence of alcohol or controlled substance.
Conditions & Methods: Testing done by third party. All positive test results must be confirmed by a state licensed laboratory.
Important Bulletpoints:
  • Employer shoulders all costs of medical examination required as a condition for employment unless the medical examination is required under a collective bargaining agreement or by a statute or ordinance.
  • Substance abuse testing must be performed only by licensed laboratories in strict compliance to Oregon State’s Clinical and Environment Laboratories statutes. Confirmation testing for positive test results from initial on-site tests that are approved by the State must also be conducted only by licensed laboratories.
  • On-site testing, using non-medical substance of abuse (SOA) screening test kits approved by the US Food and Drug Administration and in compliance with US Department of Transportation standards, may be conducted by employers provided the employer is registered as a Substance of Abuse on-site facility in accordance with the provisions of the rules. An annual registration fee of $50 applies.
  • Injury wherein the major contributing cause is shown by evidence to be the employee’s consumption of alcoholic beverages or the illegal consumption of any controlled substance is not a compensable injury except if the employer had actual knowledge, encouraged or otherwise permitted the consumption of the alcohol or controlled substance.
  • Employees in violation of the employer’s reasonable and compliant policy on controlled substances and alcohol in the workplace may be disqualified for any claim on workers’ compensation and unemployment benefits.
  • Medical Marijuana Law: OR. Rev. Stat. Sections 475.300 to .346 (2003 & Supp. 2004)
    Applicability: Law applies to patients and caregivers.
    Quantity Allowed: Less than or equal to 1oz of usable Marijuana or 3 mature or 4 immature plants.
    How Obtained: Growing is permitted but details not specified.
    Liability Protections:Have an affirmative defense if physician diagnosed and advised use of Medical Marijuana, explained the risks and benefits to patient and if within quantity permitted by statute.
    Statutory Requirements for Authorized Use: Written documentation from physician and Registry Card required. Patients and caregivers must be registered with Oregon Department of Human Resources, Health Division. Documentation from attending physician must be updated annually.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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