OAR 839-006-0242: Disability and Employment Rights: Medical Evaluation

(1) An employer may not require any applicant to obtain a medical examination or evaluation prior to an offer of employment. (2) An employer may require a medical examination or evaluation after making an employment offer but before the individual commences work, only if all individuals receiving offers of employment in that same job category are required to obtain a medical examination or evaluation. (3) A drug test is not considered a medical examination or evaluation, for purposes of ORS 659A.133, 659A.136 and sections (1) and (2) of this rule, limiting employer actions in regard to medical examinations and inquiries. (4) As provided in ORS 659A.306, the employer must pay the cost of any medical examination or evaluation or test, including a drug test, or the production of any health certificate required by the employer. (5) An employer may not use qualification standards based on vision tests of an individual’s uncorrected vision unless the qualification standards are shown to be job-related for the position in question and are consistent with business necessity. (6) An employer obtaining medical information about an employee or applicant must collect and maintain the information on separate medical forms and in separate medical files to be treated as confidential medical records, except as follows: (a) Supervisors and managers may be informed regarding necessary restrictions on the work duties of an employee or necessary accommodations; (b) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (c) Officers and employees of the Division investigating compliance with disability discrimination laws must be provided relevant information on request.