Employers are probably aware that OSHA’s new drug testing and anti-retaliation rule is now in effect. (See our post here discussing the rule.)  However, as we blogged previously, many states have their own reporting requirements, which are not required to track OSHA’s  rules precisely, but which must be “at least as effective” as OSHA’s rules.  While many states, like Washington, are still in the early stages of revising their regulations, Oregon’s new regulations will go into effect on May 1, 2017.

Oregon’s regulations follow OSHA’s and are summarized as follows:

  • Employers must have a “reasonable” procedure for employees to report work-related injuries or illnesses.  “A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace injury or illness.”  As we discussed in a prior blog, OSHA interprets “reasonable” to exclude blanket drug testing policies.  This means that policies mandating drug testing after all workplace accidents are probably not reasonable.   Instead, drug testing policies should be targeted to situations in which employee drug use is likely to have contributed to the incident.  For example, drugs or alcohol is not likely to contribute to the workplace injury of a bee sting, so testing in that situation would be unwarranted.  But drugs or alcohol may contribute to an injury caused by a worker stumbling down a hallway before falling down some stairs; thus, testing may be appropriate.
  • Employers must notify employees about the procedure.
  • Employers must inform employees that they have a right to report workplace injuries and illnesses and that they will not be retaliated against for doing so.

For more discussion about OSHA’s rule, see our blog posts here and here.  As always, our experts are happy to talk if you have any questions about the rule.

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Photo of Ryan Kunkel Ryan Kunkel

Ryan Kunkel, an associate in Stoel Rives’ Labor & Employment group, helps employers resolve employment-related disputes in litigation and counsels clients to help prevent those disputes in the first place. His practice also includes helping management resolve complex labor disputes, including organizing…

Ryan Kunkel, an associate in Stoel Rives’ Labor & Employment group, helps employers resolve employment-related disputes in litigation and counsels clients to help prevent those disputes in the first place. His practice also includes helping management resolve complex labor disputes, including organizing drives, NLRB proceedings, and work stoppages.

Click here for Ryan Kunkel’s full bio.

Photo of Carolyn Walker Carolyn Walker

Carolyn Walker is a partner of the firm practicing in the Labor and Employment group. She has extensive experience litigating and counseling clients on a wide variety of employment matters including retaliation; wrongful discharge claims based on race, ethnic origin, gender, age and…

Carolyn Walker is a partner of the firm practicing in the Labor and Employment group. She has extensive experience litigating and counseling clients on a wide variety of employment matters including retaliation; wrongful discharge claims based on race, ethnic origin, gender, age and religion; FMLA and state leave laws; sexual and racial harassment; disability discrimination; discipline and discharge; wage and hour; breaches of employment contracts; and tort claims arising in the employment context. Additionally, Carolyn investigates complaints of harassment and discrimination and responds to governmental agency complaints filed against employers. She has represented clients in jury trials, in arbitrations and mediations, and before administrative agencies. Carolyn represents employers across all industries, with a special concentration in the areas of health care, higher education, agriculture and energy.

Photo of Tim O'Connell Tim O'Connell

Tim O’Connell is a partner of Stoel Rives in the labor & employment and telecommunications law sectors. His practice includes collective bargaining, unfair labor practice and representation proceedings before the NLRB and public sector agencies, labor arbitrations, equal employment and discrimination cases before…

Tim O’Connell is a partner of Stoel Rives in the labor & employment and telecommunications law sectors. His practice includes collective bargaining, unfair labor practice and representation proceedings before the NLRB and public sector agencies, labor arbitrations, equal employment and discrimination cases before administrative agencies and courts, wrongful discharge litigation, wage and hour counseling and litigation, and general personnel management. He has also been actively involved in the rulemaking process, both drafting and negotiating new rules and leading litigation challenging agency action.

Click here for Tim O’Connell’s full bio.

Photo of Jim Shore Jim Shore

Jim Shore helps employers and entrepreneurs in a variety of industries address their business needs and toughest labor and employment law challenges. His practice includes employment litigation and trial work; labor-management relations; advice and litigation assistance involving trade secrets, restrictive covenants, data theft…

Jim Shore helps employers and entrepreneurs in a variety of industries address their business needs and toughest labor and employment law challenges. His practice includes employment litigation and trial work; labor-management relations; advice and litigation assistance involving trade secrets, restrictive covenants, data theft and other areas where employment and intellectual property issues intersect; business transactions and reorganizations; and daily human resources and labor advice. Jim also manages sensitive internal investigations for clients. Jim is inducted as a Fellow in the College of Labor and Employment Lawyers for his sustained outstanding performance in the profession.

Click here for Jim Shore’s full bio.