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Oregon Revised Statutes

Or. Rev. Stat. § 659A.127 (2026)

Permitted employer action

✓ current as of May 2026
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      659A.127 Permitted employer action. ORS 659A.112 to 659A.139 do not affect the ability of an employer to do any of the following:

      (1) An employer may prohibit the transfer, offering, sale, purchase or illegal use of drugs at the workplace by any employee. An employer may prohibit possession of drugs except for drugs prescribed by a licensed health care professional.

      (2) An employer may prohibit the use of alcohol at the workplace by any employee.

      (3) An employer may require that employees not be under the influence of alcohol or illegally used drugs at the workplace.

      (4) An employer may require that employees behave in conformance with the requirements established under the federal Drug-Free Workplace Act of 1988.

      (5) An employer may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment, job performance and behavior to which the employer holds other employees, even if the unsatisfactory performance or behavior is related to the alcoholism of or the illegal use of drugs by the employee.

      (6) An employer may require that employees comply with all federal and state statutes and regulations regarding alcohol and the illegal use of drugs. [Formerly 659.444]

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: Washburn v. Columbia Forest Prods., Inc., 134 P.3d 161 (Or. 2006).
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Washburn v. Columbia Forest Prods., Inc., 134 P.3d 161 (Or. 2006). · cites it 2× “) ORS 659A.127(6), for example, allows employers to require employees to conform to both state and federal laws surrounding illegal drug use: "ORS 659A.”
— Or. Rev. Stat. § 659A.127(6) — 1 case
Washburn v. Columbia Forest Prods., Inc., 134 P.3d 161 (Or. 2006). “) ORS 659A.127(6), for example, allows employers to require employees to conform to both state and federal laws surrounding illegal drug use: "ORS 659A.”
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