Oregon Employee Drug Testing Memo
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How to fill out Employee Drug Testing Memo?
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FAQ
(a) As an employee, you have refused to take a drug test if you: (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer.
There are no laws that address drug testing of employees in the private employment sector in Oregon. Employers are, however, not regulated by Oregon in their right to conduct or require testing for alcohol.
Oregon does not have any specific law regulating or restricting an employer from conducting drug testing. In 1973 Oregon became the first state to legalize MMJ, and in 2014 became the first state to decriminalize recreational cannabis.
In Oregon, there is no law governing pre-employment or employment drug testing (see Question 1). An Oregon employer cannot require an employee or applicant to take a breathalyzer test unless: The person consents to the test. There are reasonable grounds to believe the person is under the influence of alcohol.
The employer may perform drug or alcohol testing if the employer has reasonable grounds for believing that the employee is under the influence of drugs. However, employers cannot administer a drug or alcohol test without the prior consent of the employee.
The new DOT waiver allows employers to forgo drug testing for drivers who were in a testing program within the previous 90 days.
Yes, drug test upon hiring. You will not be tested again.
The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.
Under Oregon law, all types of drug testing are permitted. Employers may require testing for both applicants and employees if there is reasonable suspicion that an individual is under the influence of a controlled substance. Testing must be done by a third party.
Employees may refuse to take a workplace drug test but they can also be fired for that refusal. An employer only needs to demonstrate they had good reason to believe someone was a safety hazard or was unable to perform their job.
