Pre-Employment Drug Testing in Oregon: What Employers Should Know.

Pre-employment drug testing is one of the most common programs we set up for Oregon employers, and it is also one of the easiest to get wrong in the details. Here is how a standard pre-employment program works and where the rules differ for DOT-regulated jobs.

Can Oregon employers test applicants?

Yes. Oregon does not restrict private employers from drug testing applicants. The practical rules are about how you test: applying your policy consistently, telling candidates in advance and acting only on verified results. Most employers test after a conditional job offer and make the offer contingent on a passing result.

What a standard test covers

The most common panel is the five-panel urine test, which screens for marijuana (THC), cocaine, amphetamines, opiates and phencyclidine (PCP). Many employers choose an expanded panel that adds additional prescription and synthetic drugs. Panel choice is an employer decision and should match your policy and your industry risks.

How the process works

1. The candidate goes to a collection site, or a collector comes to you, and provides a specimen under chain of custody.
2. The specimen goes to a laboratory for testing and, if the initial screen is non-negative, confirmation testing.
3. A Medical Review Officer (MRO) reviews non-negative results, contacts the candidate about prescriptions and other legitimate explanations and reports a verified result to the employer.
4. The employer makes the hiring decision based on the verified result, following its written policy.

Cannabis and pre-employment testing

Oregon has legalized recreational and medical cannabis, but that does not stop employers from testing for it or from refusing to hire because of a positive result. In Emerald Steel Fabricators v. BOLI (2010), the Oregon Supreme Court held that because marijuana remains illegal under federal law, employers are not required to accommodate an employee's medical marijuana use. A medical marijuana card does not create a right to be hired. We are not aware of an Oregon statute that protects applicants for off-duty cannabis use, but laws change, so confirm the current position before you finalize your policy.

DOT pre-employment testing is different

If the job is safety-sensitive under DOT rules, such as driving a commercial motor vehicle, 49 CFR 382.301 requires a verified negative controlled substances test result before the person performs any safety-sensitive function. DOT testing uses the federal five-panel urine test, an HHS-certified laboratory and an MRO, and employers must also run the required FMCSA Drug & Alcohol Clearinghouse query. You cannot use a non-DOT rapid test for this.

Setting up a program that holds up

• Write a testing policy and have candidates acknowledge it.
• Decide which positions are tested and test them consistently.
• Use a provider that follows chain of custody and uses an MRO.
• Wait for a verified result before you act.
• Keep records and keep results confidential.

Get started

Butterfield provides walk-in drug and alcohol testing at our clinics and 24/7 onsite collections for your crews, plus administrative (TPA) support to keep your program compliant. Call (503) 925-8428 or schedule a test.