Oregon State Laws Regarding Drug and Alcohol Testing in the Workplace

In Oregon, most private employers are not specifically required or prohibited by state law to conduct drug or alcohol testing in the workplace. However, certain limitations apply, particularly when testing employees for alcohol. Employers who decide to implement drug or alcohol testing for applicants or employees must also navigate other relevant Oregon laws, including those related to employment discrimination, workplace safety, legalized marijuana, and individual privacy rights. Additionally, some industries are governed by specific state or federal regulations that mandate testing. For instance, employers in the commercial transportation sector must follow federal drug and alcohol testing requirements. To ensure compliance, employers should be well-versed in all applicable laws and regulations related to workplace testing. This Employment Law Summary outlines key considerations for private employers in Oregon before implementing any drug or alcohol testing policies.

Alcohol Testing Restrictions

Under Oregon law, enforced by the Bureau of Labor and Industries (BOLI), employers may not require breathalyzer or other alcohol tests unless the individual consents or the employer has reasonable suspicion of alcohol use.

Employment Discrimination

Oregon law prohibits employment discrimination based on protected traits such as race, sex, religion, sexual orientation, age, and more. Drug and alcohol testing policies must be applied fairly and consistently to avoid unlawful discrimination—for example, not singling out employees by race or gender.

Workplace Safety Rules

Oregon OSHA prohibits retaliation against employees who report work-related injuries or illnesses. Employers may only drug test these employees if there is an “objectively reasonable” basis—such as the test potentially explaining the cause, other employees were involved (and tested), or the work involved was particularly hazardous. BOLI advises testing all employees involved in such incidents, regardless of injury.

Legal Marijuana & Disability Discrimination

The Oregon Adult and Medical Use of Cannabis Act (AMUCA) permits recreational and medical marijuana use but does not require workplace accommodation. Employers can take adverse action against employees or applicants who use or test positive for marijuana, even for medical reasons. This was upheld in Emerald Steel Fabricators, Inc. v. BOLI (2010), where the court ruled that AMUCA offers no employment protections and that employers aren't required to accommodate medical marijuana use. Following the ruling, BOLI stopped investigating complaints of discrimination based on medical marijuana use under the Oregon Fair Employment Practices Act (OFEPA).

Privacy Rights

To avoid privacy-related lawsuits, BOLI recommends that employers:

• Have a clear, written drug testing policy;
• Inform employees how they may be selected; and
• Provide 30 days’ notice before launching a new testing program.

Employees unaware of testing may have a reasonable expectation of privacy regarding off-duty behavior. Employers should document selection methods, whether using random selection (with verifiable randomness) or “for cause” testing (based on specific, factual observations—not rumors).