Oregon State Flag

Oregon Drug Testing Compliance

Capital Salem Population 4,093,465
Largest city Portland
Area 98,381 sq mi
Criminal rate 26 crimes /10,000 people Time Zone UTC−8/−7 or −7/−6

Oregon Employee Background Check Laws

Oregon

Legal status for workplace drug screening and alcohol testing

Our intent is to make Oregon drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in this state.

Oregon is a “mandatory” state, which means any employer wishing to conduct drug and/or alcohol testing within this state must do so according to the statute, regulations, and court decision that apply. The patchwork of Oregon statutes impacting workplace drug testing does not require any employer to conduct drug or alcohol testing. Testing is your choice; if you so choose to test, you must do so according to the rules.

This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when performing Oregon drug and alcohol testing.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Oregon.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: Lab must be licensed.
Q7: What types of specimens can we test for?
A: No restrictions.
Q8: Are there restrictions for Alcohol Testing?
A: Breathalyzer can only be used with consent of employee or when the employer has reasonable grounds to believe the employee is under the influence. May conduct for reasonable suspicion alcohol tests.

Did you know?

Q1. Can I do a random testing for my employees in Oregon?

Correct!

 

Answer is “Yes”

There are no current limitations for drug and alcohol testing in Oregon.

 

Oregon Drug & Alcohol Testing Laws

Portions of the laws impacting workplace drug testing were enacted as long ago as 1979 and were amended in 1981, 1989, and 1995. The primary focus of  this law relates to how testing may be done.

This state has a law authorizing the use of marijuana either for medical purposes. The Company will follow all applicable state laws on the subject. To-date, the State Supreme Court has indicated that this law does not protect a medical marijuana user from the Company’s authorized discipline.

State law does not limit when the Company may test. The Company’s General Substance Abuse policy will dictate when employees may be tested.  State law sec. 475.920 makes it a crime to “deliver a substance or device designed to enable a person to falsify the results of a drug test” or to “provide drug test falsification equipment.”

Regulations under this law exist and focus on the qualification of the laboratory, individuals conducting breath alcohol testing (and blood in limited circumstances), and the equipment used for alcohol testing.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: December 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Oregon Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Oregon personal and medical use of marijuana.

Medical Use: Ballot Measure 67 was approved by 55% of voters in the November 3, 1998 election establishing the “OREGON MEDICAL MARIJUANA ACT.”(ORS 475.300 – 346). Law specifies Employers need not accommodate use in the workplace.

Personal Use: On January 1st, 2016, Ballot Measure 91, reflected in HB3400 (which provides legal personal use of marijuana for adults over the age of 21) passed and became effective September 20, 2016.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Update: December 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

Keller v. Wal- Mart Stores, Inc. 2013 U.S. Dist. LEXIS 150647; 36 I.E.R. Cas. (BNA) 1796; 2013 WL 5723261 (US Dist. Ct. for Oregon 2013)

  1. Can employers terminate employees who violate drug free workplace programs?

Yes. Decided in favor of the employer.

There is no statutory limitation on discipline an employer may impose for the violation of a written, posted policy that is reasonably related to its business.

Update: December 2017

TO PAGETOP