Oregon Drug Laws
We are going to explore two aspects of Oregon drug laws and the information necessary to learn how to pass a drug test in Oregon.
Learning The Basics Of Oregon Drug Laws.
First, we are not attorneys and can not provide specific advice on the Alabama Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Oregon drug laws.
Second, for those of you who are concerned with those Oregon Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Oregon.
There Are Four Major Drug Tests Given In Oregon.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Oregon.
Oregon Drug Laws For Employees.
Oregon law doesn’t address drug testing, but does put limits on workplace alcohol testing. Although many states have passed laws regulating or restricting an employer’s right to require drug testing, Oregon is not one of them. Oregon has no law addressing drug testing in private employment.
However, Oregon law does regulate an employer’s right to test for alcohol. An employer may test an applicant or employee for alcohol only if the person consents to the test or there is a reasonable suspicion that the person is under the influence of alcohol.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Oregon? Even though Oregon Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Oregon Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Oregon employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Oregon Drug Laws.
|Statute of Order:||OR Rev. Stat. § 438.435 et seq.; 659.227|
|Covered Employers:||All employers.|
|Applicant Testing:||Testing authorized if there is reasonable suspicion applicant is under the influence of alcohol or controlled substance.|
|Employee Testing:||Testing authorized if there is reasonable suspicion employee is under the influence of alcohol or controlled substance.|
|Conditions & Methods:||Testing done by third party. All positive test results must be confirmed by a state licensed laboratory.|
|Testing Bullet Points:||
The Oregon Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Oregon Are For Breaking Oregon Drug Laws For Marijuana, Not Federal Or Local Laws.
Oregon drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Oregon behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Oregon using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Oregon is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Oregon Drug Test Laws.
- Who should get tested? – The state of Oregon does not have very specific laws as to who is required to be tested by employers for the drug and alcohol abuse.
- What are the types of drugs that are tested for? – Once again, the Oregon does not have any specific categories of drugs that it outlines in its laws.
- Company policies and disclosures – The law of this state does not specify any sort of company policy, whether written or otherwise that is mandatory for the employer. Any such policy that is drawn up is done so at the discretion of the employer.
- Company notices – Notices for drug and alcohol testing are given out, if at all, at the sole discretion of the employer. The law of the state does not bind any employer to having notices written or otherwise being handed out to employees.
- Who can be tested? – In Oregon, an employer is only allowed to test an employee for alcohol on grounds of suspicion that he or she might be intoxicated. However there is no such limitation on the testing of drugs.
- Where are employees tested for the use of drugs? – The state allows employers the liberty of testing ‘on-site’. This basically means that an employer can have his own testing facility in house. However any tests that is carried out need to be done so as per the laws of the state. The testing facility will also need to be registered with the state with the payment of a fee. The staff carrying out the tests also needs to undergo the required training. However all tests for confirmation have to be carried out at a lab that has been approved by the state.
- Procedure for testing – In house testing requires that the employee fill in a registration form for substance of abuse and submit it along with a fee of $50. The lab that the tests are being carried out at, along with the person who is collecting the sample needs to be approved and certified by the SOA Registration.
- Who bears the costs? – As per state laws, the employer is required to pay for all ‘medical’ examinations of the employee. However there is a loophole here – drug testing is not come under the category of a medical examination.
- Consequences of testing positive – If an employee tests positive he or she could be disqualified on the grounds of violating a blanket policy set up by the employer on the grounds of possession or use of prohibited substances at the place of work. In the case of drivers testing positive for substance abuse, the state requires that the test be reported to the Department of Transportation.
- Medical Marijuana – Medical marijuana is not allowed at the workplace in Oregon. While there is a section on limitations, nothing can be interpreted so as to make an employer allow the use of marijuana medically in the workplace.