(1) Subject to the provisions of subsection (2) of this section, the protections of ORS 659A.112 do not apply to any job applicant or employee who is currently engaging in the illegal use of drugs if the employer takes action based on that conduct.
(2) The protections of ORS 659A.112 apply to the following persons:
(a) A person who has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs.
(b) A person who is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs.
(c) A person who is erroneously regarded as engaging in the illegal use of drugs.
(3) An employer may adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that a person described in subsection (2)(a) or (b) of this section is no longer engaging in the illegal use of drugs. [Formerly 659.442]
Section: Previous 659A.103 659A.106 659A.109 659A.112 659A.115 659A.118 659A.121 659A.124 659A.127 659A.130 659A.133 659A.136 659A.139 659A.142 659A.145 NextLast modified: August 7, 2008