An Oregon employment drug test is legal when conducted by an employer on applicants for employment and current employees. Initial on-site testing may only be performed by an SOA (Substance of Abuse) registered third-party using FDA approved testing kits (call 1 (503) 693-4125 for more information). The employer is required to cover all costs of testing and examination unless a prior agreement has been made or if the test is required by municipal law.
Can Current Employees be Tested? Yes, but only if there is reasonable suspicion of alcohol or drug use.
Is Certified Testing Required? Yes.
Laws – § 438.435
What Can be Tested? Bodily fluids.
How to Conduct a Legal Drug Test
Step 1 – The subject must first complete a Drug Test Release Form to show proof of consent. A sample must then be taken and tested by a certified third-party and NOT the employer. The third party may take one of the following samples:
- Other bodily fluids
Step 2 – If the initial test is positive, the same sample must be tested once again at one (1) of the Substance Abuse and Mental Health Association’s (SAMHSA) certified laboratories.
Step 3 – The certified laboratory will provide a response to the employer in as many as seven (7) days. Any employee who tests positive once again may be disqualified from workers’ compensation and unemployment benefits.