Oregon Drug Testing Laws and Regulations

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.

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Oregon Drug Testing Laws and Regulations

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