(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.\n(2) The protections of ORS 659A.112 apply to the following individuals:\n(a) An individual 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.\n(b) An individual who is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs.\n(c) An individual who is erroneously regarded as engaging in the illegal use of drugs.\n(3) An employer may adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subsection (2)(a) or (b) of this section is no longer engaging in the illegal use of drugs. [Formerly 659.442; 2009 c.508 §9]
Oregon Legal Code