ORS 659.840¹
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]

(formerly 659.225)

Law Review Cita­tions

23 WLR 529, 578 (1987)

1 Legislative Counsel Committee, CHAPTER 659—Miscellaneous Prohibitions Relating to Employment and Discrimination, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors659.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 659, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano659.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information