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

We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.