Changes in Oregon Administrative Rule 471-030-0125 became effective for employment terminations following March 12, 2006. The rule changes were made to simplify and make more consistent the administration of the drug and alcohol adjudication policy for unemployment eligibility determination.The entire text of OAR 417-030-0125 can be viewed at the Oregon Secretary of State's archive website: http://arcweb.sos.state.or.us/rules/0406_Bulletin/0406_ch471_bulletin.html.
Changes include:
- A clarification of the terms "performing services for the employer" and "during work" meaning 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..." This clarification is intended to simplify the identification of when employees are working and subject to testing, and when employees are on their own time.
- Expanded definition of the term "tests positive" (an event that disqualifies receiving unemployment benefits) to include a detectable level "that equals or exceeds" the amount described in the employer's written policy, or "any detectable level" if the policy does not specify a cut off level.
- Clarification of the term "connection with employment" to mean "where such positive test affects or has a reasonable likelihood of affecting the employee's work or the employer's interest and/or workplace." This clarification should help employers justify testing.
- Removal of a previous requirement that the employer's written policy be communicated to employees at least 30 days prior to testing.
- Inclusion of allowing reasonable suspicion testing when an employer has received "credible information" that a worker uses or may be affected by drugs or alcohol in the workplace.
- No test is required if an employee "admits a violation of a reasonable written employer policy" regarding drugs and alcohol.
- Employers can now use a federally or state licensed clinical laboratory. Previously, regulations required licensing in Oregon or under the state law of the jurisdiction in which the test was performed, which lead to some confusion about using labs with federal certification.