Skip to main content

Oregon Drug Testing Law 2021

 

National law mandates drug testing by employers in safety-sensitive industries such as transportation, aviation, NASA contractors, and the Department of defense.

However, in most cases, the state and local law enforcement agencies determine the rights and limitations of an employer in performing a drug test. Oregon does not have any specific law regulating or restricting an employer from conducting drug testing.

In 1973 Oregon became the first state to legalize marijuana, and in 2014 became the first state to decriminalize recreational cannabis. Oregon also became the first state to legalize many drugs by approving two groundbreaking measures, Measure 109 and Measure 110.

Measure 109 legalizes the personal possession of psilocybin, commonly referred to as magic mushrooms.

Measure 110, on the other hand, decriminalize personal possession of a small amount of common controlled substances like Heroin, Methamphetamine, Cocaine, LSD, MDMA, Oxycodone, and Methadone.

The state of Oregon does not address drug testing in private employment. The employer may perform drug or alcohol testing if the employer has reasonable grounds for believing that the employee is under the influence of drugs. However, employers cannot administer a drug or alcohol test without the prior consent of the employee.

Who will be tested and why?

Employers who adopt a drug-free workplace program may require an employee to submit to either a drug test for controlled substances or an alcohol test. The list of illegal drugs to be tested should also be clearly outlined. The employer should also ensure that none of the information relating to a drug test will be publicized.

The employer may choose to perform a drug test for assessing an employee for the following reasons:

1. Random Selection Testing

An employee shall submit to a drug test on a random selection basis.

2. Reasonable Suspicion Testing

An employee must submit to a drug test if there is a reasonable suspicion that the employee is under the influence of a controlled substance.

3. Pre-appointment Testing

An employee or applicant must take specific standard tests such as urine sample testing before occupying a designated position.

4. Follow-up Testing

An employee may submit to a follow-up testing if the employee voluntarily disclosed drug or alcohol problems, entered into or completed a rehabilitation program, failed, or refused a pre-employment drug test within the previous 24-month period.

5. Post-incident/accident Testing

An employee shall submit to a drug test if there is evidence that the employee may have caused or contributed to an on-duty accident or harm resulting in death or injury requiring immediate medical attention.

Oregon marijuana laws and drug testing 2021

Marijuana possession is legal above the age of 21. Legal marijuana consumers may use, plant and share by acquiring marijuana from licensed dispensaries.

Marijuana users can hold up to 8 ounces of legal cannabis on private property and 1 ounce in public. These measures complicate the nature of drug testing, especially in the workplace setting.

The state of Oregon permits employers to terminate employees for their use of marijuana regardless of the nature of use, either medical or recreational.

However, employers need to be aware of the existing statutes that prohibit workplace discrimination against applicants and employees who use medical marijuana.

Oregon newborn drug testing laws

All newborns in the state of Oregon must be tested. However, there are exceptions where a healthy baby isn’t tested.

Child Protective Services may step in if the newborn test result shows the presence of drugs and their metabolites or any disability is associated with the abuse of drugs.

Comments

Popular posts from this blog

What is Drug Test Kits?

  A drug test kit is a device or substance used to detect the presence of drugs or other substances in a person’s body. There are several types of drug test kits available, including: Urine drug test kits : These kits are used to detect drugs in a person’s urine, and are commonly  used for pre-employment , random, and post-accident drug testing. Saliva drug test kits : These kits are used to detect drugs in a person’s saliva, and are becoming more common as they are easy to administer, non-invasive and can detect recent drug use. Hair drug test kits : These kits are used to detect drugs in a person’s hair, and can detect drug use over a longer period of time. Blood drug test kits : These kits are used to detect drugs in a person’s blood, and are considered the most accurate method of testing but are invasive and costly. Sweat drug test kits : These kits are used to detect drugs in a person’s sweat, and are less common but can detect recent drug use. Drug test kits can detect a...

Will Nicotine get detected in a 10-panel drug test?

  A 10-panel drug test cannot possibly identify the cotinine (nicotine’s main breakdown product) traces in your body. But a blood test or urine test in a lab might identify your tobacco usage easily. You need not panic. The traces may not stay in your system for more than 1 to 3 days if you are an occasional user. If you are a regular tobacco user, you will have to read this blog to know more about nicotine abuse and how to get past this and pass your drug test. When and why are Nicotine tests ordered? A standard d rug test like a 10-panel drug test , does not identify nicotine. But if you are ordered to take a nicotine test, there are specific reasons. They include Court-ordered child custody case. Applying for insurance — Health Before surgeries Nicotine overdose suspicion by doctors Employment drug test. What does the nicotine test look for? Nicotine test does not look for nicotine. They look for Cotinine and Anabasine, which are the metabolites produced in your body ...

Employer Drug Testing - Pros and Cons!

  D rug use is also a major cause of violence in the United States. It is estimated that 20 to 60 percent of all violent crimes are committed by users of drugs or alcohol. These crimes include murder, sexual assault, and robbery. The link between drug use and violence has been supported by recent studies done by the National Medical Association which showed that people who used heroin or cocaine at least once were five times more likely to be violently assaulted than those who did not use either substance. This helps companies promote corporate social responsibility. Why Should Every Company Drug Test You After An Accident? Many accidents happen in the workplace. These unfortunate events can be reduced by ensuring that employees are drug-free at the time of work. Drug tests are a useful way for employers to protect their workers and ensure that they have a safe environment to work in, which can lead to decreased employee turnover and increase productivity. Drug testin...