OAR 105-050-0004: Drug Testing of Final Applicants for Certain State Classifications/Positions

(1) Oregon State Government provides the public with a drug-free workplace. (a) An appointing authority of an agency providing public safety, mental health services or positions meeting the federal standards for drug testing, may institute a drug testing program for the final applicant for classifications and/or positions designated by the appointing authority. A final applicant is the employing agency's first choice, prior to an offer of employment, but after completion of all hiring tests and standards, including reference and criminal records checks, when applicable. (b) Prior to implementing the drug testing program for the final applicant the appointing authority shall develop an agency drug testing policy which shall include: (A) The designated classifications and/or positions for which the final applicant shall be tested for prohibited drugs; (B) The prohibited drugs/controlled substances for which a final applicant shall be tested; (C) Assurance that the drug testing shall be conducted by a laboratory which is licensed and operated in accordance with ORS 438.010 and OAR 333-024-0305 through 333-024-0350; (D) A description of the drug testing protocol, i.e., how and when the drug testing shall be carried out. (c) An appointing authority shall not select a final applicant who refuses to take or fails a test for prohibited drug use. (d) An applicant disqualified for a current opening may reapply for subsequent openings for those positions designated for pre-employment drug testing: (A) Upon presenting proof of successful completion of a drug rehabilitation program; or (B) Passing any drug test required for the final applicant for subsequent openings. (e) Drug tests for the final applicant shall be paid for by the hiring agency and conducted in accordance with the agency's drug testing policy. (f) At the time of implementation, an appointing authority shall submit a copy of the agency drug testing policy for the final applicant to the agency’s Human Resources Office for filing. (g) All recruiting announcements for designated classifications/positions shall include the statement: "All applicants for, and employees in this classification/position, shall be subject to testing for the use of prohibited drugs." (h) An appointing authority shall maintain records of drug testing, stating the number of applicants tested, the number of confirmed positive tests and the classifications/positions involved. (i) An agency's administration of its drug testing policy and drug testing records for applicants shall be subject to audit by the Chief Human Resources Office. (2) Failing a drug test means the confirmation test result indicates positive evidence of a prohibited drug. (3) Prohibited drugs are specified in Schedules I through V of Section 202 of the Controlled Substances Act, 21 USC 811, 812 and as defined in 21 CFR 1300.11 through 1300.15 unless authorized by legal prescription or are exempt from federal or state law. (4) For the purpose of this rule, public safety services are those performed by police officers, firefighters, public safety trainers, correctional officers, group life coordinators at juvenile corrections institutions, parole and probation officers, strike-prohibited employees at mental health institutions and services performed by other strike-prohibited employees. (5) For purpose of this rule, positions within the agencies, subject to federal standards, may be subject to pre-employment drug testing. [ED. NOTE: The Human Resource Services Division State Policies referred to or incorporated by reference in these rules are available from the Human Resource Services Division (HRSD).]