74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1210
 
                         Senate Bill 394
 
Sponsored by Senator KRUSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires each administrative division of state government to
adopt rules that establish program requiring preemployment,
reasonable suspicion, random and post-accident testing of
employees for use of controlled substance in violation of law.
  Requires each administrative division of state government to
submit biennial report to Legislative Assembly regarding testing
program.
 
                        A BILL FOR AN ACT
Relating to drug testing of state government employees.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Clinical laboratory' has the meaning given that term in
ORS 438.010.
  (b) 'Controlled substance' has the meaning given that term in
ORS 475.005.
  (c) 'State government' has the meaning given that term in ORS
174.111.
  (2) Each administrative division of state government shall
adopt rules that establish a program requiring preemployment,
reasonable suspicion, random and post-accident testing of
employees for the use of a controlled substance in violation of
law, including any state or federal law, rule or regulation.
  (3) In adopting the rules under subsection (2) of this section,
each administrative division:
  (a) Shall develop requirements that:
  (A) Promote, to the maximum extent practicable, individual
privacy in collection of specimens;
  (B) For clinical laboratories and testing procedures, ensure
that up-to-date scientific and technical guidelines are applied
in carrying out this section, including standards requiring the
use of the best available technology to ensure the complete
reliability and accuracy of controlled substances tests and
strict procedures governing the chain of custody of specimens
collected for controlled substances testing;
  (C) Require that a clinical laboratory involved in testing
under this section have, at the laboratory, the capability of and
facility for performing screening and confirmation tests;
  (D) Provide that any test indicating the use of a controlled
substance in violation of law be confirmed by a scientifically
 
recognized method of testing capable of providing quantitative
information about a controlled substance;
  (E) Provide that each specimen be subdivided, secured and
labeled in the presence of the tested individual and that a part
of the specimen be retained in a secure manner to prevent
tampering, so that if the individual's confirmation test results
are positive, the individual may have the retained part tested by
a second confirmation test done independently at another
certified laboratory, if the individual requests the second
confirmation test not later than three days after being advised
of the results of the first confirmation test;
  (F) Provide for the confidentiality of test results and medical
information of employees, except that this subparagraph does not
prevent the use of test results for the orderly imposition of
appropriate sanctions under this section;
  (G) Ensure that employees are selected for tests by
nondiscriminatory and impartial methods, so that no employee is
harassed by being treated differently from other employees in
similar circumstances;
  (H) Provide that, for preemployment tests, the applicant shall
pay the cost of the testing and, if the test results are
negative, the administrative division shall reimburse the
applicant for the cost; and
  (I) Provide that the administrative division shall pay the
costs of testing employees.
  (b) Shall require that post-accident testing of an employee be
conducted when loss of life occurs.
  (c) May require that post-accident testing of an employee be
conducted when bodily injury or significant property damage
occurs.
  (d) Shall establish requirements for rehabilitation programs
that provide for the identification and opportunity for treatment
of employees who are found to have used a controlled substance in
violation of law. The administrative division shall determine the
circumstances under which those employees shall be required to
participate in a rehabilitation program. The division shall
require an employee who participates in a rehabilitation program
to pay the costs of the program.
  (4) Each administrative division shall determine appropriate
sanctions for an employee who is found, based on tests conducted
and confirmed under the division's program, to have used a
controlled substance in violation of law.
  (5) This section does not supersede a penalty applicable to an
employee under another law.
  (6) Each administrative division shall submit a biennial report
to the Legislative Assembly, in the manner described in ORS
192.245 and 293.640, describing the division's program for
testing of employees for the use of a controlled substance
established under this section, providing statistics related to
the operation and effectiveness of the program and making any
recommendations for further legislative action. + }
  SECTION 2.  { + (1) By no later than July 1, 2008, each
administrative division of state government shall adopt rules
that establish a program described in section 1 of this 2007 Act.
  (2) Notwithstanding section 1 (6) of this 2007 Act, the first
biennial report submitted to the Legislative Assembly under
section 1 of this 2007 Act need not provide statistics related to
the operation and effectiveness of the program. + }
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