Oregon Drug Testing Laws
Oregon's approach to drug testing in the workplace revolves around respecting individual privacy rights while ensuring public safety. The Oregon Revised Statutes (ORS) Chapter 659A outlines discriminatory practices related to employment, which include certain drug testing guidelines. You can review the statutes in detail, here.
Marijuana in Oregon: Both medical and recreational marijuana are legal. Medical marijuana requires a prescription.
To remain updated with Oregon's drug testing regulations, visiting the Oregon State Legislature's official website is advised.
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Not specified||Confirmatory tests are recommended for positive results.|
|Drug Panels||Not specified||Based on employer discretion.|
|Laboratory||SAMHSA-certified labs preferred||To ensure accuracy and credibility.|
|Medical Review Officer (MRO)||Recommended||For verification and validation of test results.|
|Random Testing||Restrictions||Mainly for safety-sensitive positions.|
|Post-Accident||Restrictions||Should be based on reasonable suspicion of impairment.|
|Reasonable Suspicion||Permitted||Based on clear and specific observations.|
|Oral Fluids||Not specified||At the discretion of the employer.|
|Hair Testing||Not specified||At the discretion of the employer.|
|Unemployment Denial||Possible||If terminated due to drug/alcohol policy violations.|
|Workers Comp Discount||No||Not applicable in Oregon.|
|Intoxication Defense||Permitted||If intoxication is the direct cause of the accident.|
|Medical Marijuana||Yes with prescription||Employers can't discriminate against cardholders unless federal law mandates it.|
|Recreational Marijuana||Yes||Employers still have the right to maintain drug-free workplaces.|
|Report Driver DOT Positives||Follow federal guidelines||Compliant with federal DOT regulations.|
|General Statute||ORS 659A||More details available in the Statute.|
Oregon stands out as one of the states that have legalized both the medical and recreational use of marijuana. Nonetheless, employers retain the right to enforce drug-free workplace policies. The state laws balance individual privacy and public safety, with ORS Chapter 659A guiding employment-related practices, including drug testing. Employers are advised to use SAMHSA-certified labs and consult with a Medical Review Officer (MRO) for test validations.
- Answered by: Andrew David Easler, Esq.
- Published: 12/19/2022
- Updated: 11/03/2023
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