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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.

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