Miscellaneous Prohibitions Relating to Employment and Discrimination

ORS 659.840
Requiring breathalyzer or lie detector test prohibited

  • exception for breathalyzer test

(1)

No person, or agent or representative of such person, shall require, as a condition for employment or continuation of employment, any person or employee to take a breathalyzer test, polygraph test or any other form of a so-called lie detector test. However, nothing in this section shall be construed to prohibit the administration of a breathalyzer test to an individual if the individual consents to the test. If the employer has reasonable grounds to believe that the individual is under the influence of intoxicating liquor, the employer may require, as a condition for employment or continuation of employment, the administration of a blood alcohol content test by a third party or a breathalyzer test. The employer shall not require the employee to pay the cost of administering any such test.

(2)

For the purposes of this section, an individual is “under the influence of intoxicating liquor” when the individual’s blood alcohol content exceeds the amount prescribed in a collective bargaining agreement or the amount prescribed in the employer’s work rules if there is no applicable collective bargaining provision. [Formerly 659.225]

Law Review Citations

23 WLR 529, 578 (1987)

Source

Last accessed
May 30, 2023

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