Oregon Memo to All Employees Regarding Drug Testing

State:
Multi-State
Control #:
US-AHI-281
Format:
Word; 
Rich Text
Instant download

Description

This AHI memo is to all employees regarding the company's drug testing policy.

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FAQ

No Oregon Drug Testing Laws 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.

Yes, this case is recordable. The injury is work related and required medical treatment.

Under the new rule, post-accident drug-testing is okay only if there is an objectively reasonable basis. According to OSHA, this can include situations where employee drug use is likely to have contributed to the incident, and/or when the drug test can accurately identify impairment caused by drug use.

No Oregon Drug Testing Laws 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.

You have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers.

Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.

Indiscriminate testing of employees for drug use is an intrusive and degrading process that undermines our most deeply held tenets of fairness and privacy in the workplace. It should not be surprising, then, that a recent study concluded that workplace drug testing lowers productivity.

The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.

If you have a reasonable suspicion of an employee's drug use, so long as you follow your state's laws for performing an employee drug test, there is generally no legal concern. If the test comes back positive, you will usually be clear to terminate, or discipline the employee, for cause.

Yes. Section 1904.35(b)(1)(iv) prohibits an employer from taking adverse action against employees simply because they report work-related injuries. Rather, employers must have a legitimate business reason for requiring a drug test, such as a reasonable belief that drug use contributed to the injury.

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Oregon Memo to All Employees Regarding Drug Testing