Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0125 - Drug, Cannabis, and Alcohol Adjudication Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. For purposes of any applicable
			 provision of ORS 657.176, this rule establishes policy for adjudicating cases
			 involving the use, sale, possession or effects of drugs, cannabis, or alcohol
			 in the workplace.
(2) Definitions.
			 For the purposes of this rule:
(a) For
			 purposes of ORS 657.176(9), "workplace" means the employer's premises or any
			 place at or in which an individual performs services for the employer or
			 otherwise acts within the course and scope of employment.
(b) For purposes of ORS 657.176(9), an
			 individual "fails or refuses to take" a drug, cannabis, or alcohol test when
			 the individual does not take the test as directed by the employer in accordance
			 with the provisions of an employer's reasonable written policy or collective
			 bargaining agreement.
(c) For
			 purposes of ORS 657.176(9) and 657.176(13), an individual is "under the
			 influence" of intoxicants if, at the time of a test administered in accordance
			 with the provisions of an employer's reasonable written policy or collective
			 bargaining agreement, the individual has any detectable level of drugs,
			 cannabis, or alcohol present in the individual's system, unless the employer
			 otherwise specifies particular levels of drugs, cannabis, or alcohol in its
			 policy or collective bargaining agreement.
(d) "Performing services for the employer" as
			 used in ORS 657.176(9) and "during work" as used in ORS 657.176(9) mean that an
			 employee is on duty and is, or is expected to be, actively engaged in tasks as
			 directed or expected by the employer for which the employee will or expects to
			 be compensated with remuneration.
(e) For purposes of ORS 657.176(9), an
			 individual "tests positive" for alcohol, cannabis, or an unlawful drug when the
			 test is administered in accordance with the provisions of an employer's
			 reasonable written policy or collective bargaining agreement, and at the time
			 of the test:
(A) The amount of drugs,
			 cannabis, or alcohol determined to be present in the individual's system equals
			 or exceeds the amount prescribed by such policy or agreement; or
(B) The individual has any detectable level
			 of drugs, cannabis, or alcohol present in the individual's system if the policy
			 or agreement does not specify a cut off level.
(f) An individual fails a test for alcohol,
			 cannabis, or unlawful drugs when the individual tests positive as described in
			 subsection (e) of this section.
(g)
			 For purposes of ORS 657.176(9) and 657.176(13), "unlawful drug" means a drug
			 which is unlawful for the individual to use, possess, or distribute under
			 Oregon law. This term does not include a drug prescribed and taken by the
			 individual under the supervision of a licensed health care professional and
			 used in accordance with the prescribed directions for consumption, or other
			 uses authorized by law.
(h)
			 "Connection with employment" as used in ORS 657.176(9) means where such
			 positive test affects or has a reasonable likelihood of affecting the
			 employee's work, the employer's interest, or workplace.
(i) For purposes of ORS 657.176(9):
(A) "Recognized drug, cannabis, or alcohol
			 rehabilitation program" means a program authorized and licensed by the State of
			 Oregon, or another state.
(B)
			 "Documentation of participation in the program" means a signed statement by an
			 authorized representative of the recognized program that the individual is or
			 was participating in a treatment program.
(C) "Participation" means to be engaged in a
			 course of treatment through a recognized drug, cannabis, or alcohol
			 rehabilitation program.