Oregon Employee Drug Testing Memo is a written document that outlines the policies, procedures, and requirements for drug testing employees in the state of Oregon. This memo aims to inform employers and employees about their rights, obligations, and the consequences of drug use in the workplace. It acts as a guide to ensure safety, maintain productivity, and comply with the relevant state laws. The memo begins by providing a comprehensive overview of the drug testing program in Oregon, highlighting the overall objective and legal framework. It emphasizes the importance of creating a drug-free workplace and the benefits it offers to both employers and employees. The Oregon Employee Drug Testing Memo categorizes the different types of drug tests commonly conducted in the state: 1. Pre-Employment Drug Testing — This type of testing is conducted prior to hiring potential employees. It screens candidates for illicit drugs to ensure they are drug-free before being offered a position. 2. Random Drug Testing — Employers may perform random drug tests on employees without any prior notice to ensure ongoing compliance with the company's drug-free policy. These tests are conducted on a random basis and are designed to deter drug use. 3. Reasonable Suspicion Drug Testing — When an employee's behavior or performance suggests drug use, employers may administer reasonable suspicion drug tests. These tests are typically conducted when employers have observed symptoms such as erratic behavior, slurred speech, excessive absenteeism, or poor work performance. 4. Post-Accident Drug Testing — If an employee is involved in a workplace accident or incident that resulted in injury or property damage, employers may conduct post-accident drug tests. This type of testing helps determine if drug use contributed to the incident. 5. Follow-up Drug Testing — After an employee has undergone rehabilitation for drug abuse, follow-up drug testing may be required to ensure their continued sobriety and compliance with the drug-free policy. The Oregon Employee Drug Testing Memo also covers crucial aspects, including procedures for sample collection, laboratory analysis, privacy protections, employee rights, and disciplinary actions. It explains the consequences of a positive drug test, which may range from counseling and education programs to termination, depending on the severity of the violation and the employer's drug-free policy. Furthermore, the memo emphasizes compliance with state and federal laws such as the Oregon Medical Marijuana Act, which provides protections for registered medical marijuana users. Employers should be mindful of these legal considerations while implementing their drug testing policies. In conclusion, the Oregon Employee Drug Testing Memo serves as a comprehensive guide to employers and employees in Oregon, providing a thorough understanding of the various types of drug testing, procedures, and legal obligations. It ensures a safe and drug-free work environment while upholding individual rights and complying with applicable state laws.
Oregon 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.
