Oregon Pre Employment Drug Screening And Drug Testing
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Employee testing authorized if there is reasonable suspicion that the employee is under the influence of alcohol or controlled substance.
Testing: Substance abuse testing must be performed only by licensed laboratories.
All positive test results must be confirmed by a state licensed laboratory.
The law legalizing the recreational use of marijuana for individuals 21 and older not took effect July 1, 2015.
As an employer, since the measure did not include any provisions relating to job protections, employers will still be able to enforce their drug and alcohol policies prohibiting marijuana use or possession in the workplace or being under the influence in the workplace.
In similar cases that have been decided under Oregon’s Medical Marijuana Act this law did not include any job protections and the courts in Oregon decided that While employees can lawfully use marijuana, but if they choose to do so and end up testing positive in a drug test, then it can still be considered a violation of your company’s drug free workplace policy.
Employee injury: In those cases where the major contributing cause is shown by evidence to be the employee’s consumption of alcoholic beverages or the illegal consumption of any controlled substance is not a compensable injury.
Unless the employer had actual knowledge, encouraged or otherwise permitted the consumption of the alcohol or controlled substance, the employer may not deny compensation.
Workers’ Compensation and Unemployment Benefits: Employees in violation of the employer’s reasonable and compliant policy on controlled substances and alcohol in the workplace may be disqualified for any claim on workers’ compensation and unemployment benefits.
Costs: Employer must pay all costs of medical examination required as a condition for employment unless the medical examination is required under a collective bargaining agreement or by a statute or ordinance.
Confirmation testing for positive test results from initial on-site tests that are approved by the State must also be conducted only by licensed laboratories.
As always, employers should take care to avoid:
Discrimination: Employers may not discriminate by testing only certain groups of employees by race or gender for drug testing.
Defamation: Nor, may they defame an employee by publicizing an employee’s positive test results.
ADA compliance: An applicant who is taking medication for a disability is protected by the Americans With Disability act (ADA.)