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 MMJ, 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 6-MAM, Methamphetamine, Cocaine, LSD, MDMA, Oxycodone, and Methadone.
The state of Oregon does not require private employers to drug test their employees. The employer may perform drug or alcohol testing on reasonable grounds or suspicion. An employer in Oregon cannot administer a drug or alcohol test without the prior consent of the employee.
Learn more about Oregon drug testing laws 2022, and the top companies in Oregon that drug test you.
Table Of Contents:
- Who Will Be Tested And Why?
- Oregon Marijuana laws 2022
- Oregon Newborn Drug Testing Laws
- Top 10 Companies That Drug Test In Oregon
Who Will Be Tested And Why?
Employers who adopt the SAMSHA's 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 to assess 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 test if the employee voluntarily disclosed drug or alcohol problems, entered into or completed a rehabilitation program, or 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.
Employers in Oregon may conduct a standard 5-panel drug test for screening employees.
Oregon Marijuana Laws 2022
MMJ possession is legal above the age of 21. Legal MMJ consumers may use, plant and share by acquiring MMJ from licensed dispensaries.
MMJ 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 MMJ 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 MMJ.
Oregon Newborn Drug Testing Laws
All newborns in the state of Oregon must be tested. Oregon Health Authority runs the Northwest Newborn Drug Testing program to drug test every newborn that is born in the state.
The medical staff member will collect the blood samples from the baby's heel using a screening card within 24 to 48 hours of its birth. Infants with abnormal screening results might be sent to medical consultants for diagnosis and treatment.
Child Protective Services may step in if the newborn test result shows the presence of drugs and their metabolites or if any disability is associated with the abuse of drugs.
Top 10 Companies That Drug Test In Oregon
The growing instance of illicit drug users in the workplace has led employers to enforce drug-free workplace policies for disciplining and discharging employees. Here's a list of the top 10 companies that conduct drug testing in Oregon:
- Marriot Hotel
- JP Morgan Chase
- Wells Fargo
- GE Capital
- GI Joe’s
- Horizon Airlines
A drug-free workplace ensures a safer working environment by reducing the risks and dangers of an employee under the influence of drugs.
Oregon drug laws ensure drug testing in safety-sensitive employees and gave the liberty to private employers with regard to drug testing their employees.
However, an employer must tread with caution and ensure that the employee's privacy, dignity, and reputation are not violated under any circumstances. The employer must provide clear notice on whom and what is tested before proceeding with a drug test.