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.

Read more FAQ...

When Did Drug Testing Start?

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Vermont Drug Testng Laws

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Arkansas Drug Testing Laws

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What is Recreational Marijuana?

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Why are DERs needed?

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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.

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