Oregon: New State OSHA Drug Testing Regulations

APPLIES TO

All Employers with OR Employees

EFFECTIVE

May 1, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Federal OSHA’s regulations limiting automatic drug testing have been in effect for some time.  Oregon’s state OSHA plan’s Administrative Order 6-2016, originally filed in November of 2016, is modeled on the federal OSHA regulation and is set to go into effect on May 1, 2017.  Similar to the federal OSHA regulation, the Administrative Order is intended to improve tracking of workplace injuries and illnesses.

Specifically, employers must have a “reasonable” process for employees to report their work-related injuries or illnesses; procedures that discourage or deter accurate reporting are not considered reasonable.  As we have previously reported, blanket drug testing policies are generally not considered reasonable under OSHA.  Post-accident drug testing should instead be conducted on a case-by-case basis in situations where drug or alcohol use is likely to have contributed to the injury.  Oregon employers are also required to notify employees about the reporting procedure and must affirm that employees who report injuries will not be retaliated against for doing so.

Lastly, the Administrative Order codifies the electronic reporting requirements in the same manner as the federal OSHA rule.

Action Items

  1. Review the text of the Administrative Order 6-2016 here.
  2. Have automatic post-accident drug testing policies and procedures revised for compliance with OSHA and Oregon requirements.
  3. Have employee handbooks and workplace postings reviewed to ensure employee awareness of reporting mechanisms.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2017 ManagEase, Incorporated.

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