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Drug Testing Laws in the State of Oregon

Drug Testing The state's drug testing law permits all types of drug testing, but does require that all tests be analyzed at state-approved laboratories and in accordance with specific provisions. On-site testing is permitted provided certain conditions are met. Ore. Rev. Stat. 438.435 (1997); OR. Admin. Rule 333-024-0305 to 333-024-0365 (1999). The law only permits alcohol testing, however, when the employee consents or there is reasonable suspicion that the employee is under the influence of alcohol while on the job. Or. Rev. Stat. 659.227(1998). Requires private employers with public improvement contracts to 'demonstrate that an employee drug testing program is in place'

WORKERS COMPENSATION

OREGON Workers' Compensation State law denies workers' compensation benefits when an employer shows, by a preponderance of the evidence, that a major contributing cause of an employee's injury was the consumption of alcoholic beverages or the unlawful use of controlled substances, unless the employer permitted, encouraged or had actual knowledge of such consumption.


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