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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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DEPARTMENT OF ADMINISTRATIVE SERVICES,
CHIEF HUMAN RESOURCES OFFICE

 

DIVISION 50

WORKFORCE MANAGEMENT

[ED. NOTE: The Human Resource Services Division State Policies referred to or incorporated by reference in these rules are available from the Human Resource Services Division (HRSD).]

105-050-0003

Alcohol and Controlled Substance Testing of Employees Having Commercial Drivers License

(1) To promote public and employee health, safety and productivity effective January 1, 1995, the head of the Department of Transportation, Department of Fish and Wildlife and Department of Forestry and, effective January 1, 1996, other agency heads shall apply to management service and classified unrepresented employees required to have a Commercial Drivers License (CDL):

(a) Federal Highway Administration rules stated in 49 CFR Part 382 requiring preemployment, post-accident, reasonable suspicion, random, return-to-duty and follow-up testing for alcohol or controlled substances; and

(b) National Highway Traffic Safety Administration rules stated in 49 CFR Part 40 which provide procedures for breath alcohol testing and urine specimen controlled substance testing.

(2) An agency head shall be subject to the Alcohol and Drug Testing Contract between the Department of Administrative Services and the vendor for the performance of alcohol and controlled substance testing, Substance Abuse Professional Services, Medical Review Officer Services, record keeping and other related service.

(3) An agency head shall provide or contract for training and educational materials as required by 49 CFR Part 382.601, 382.603 and 382.605.

(4) Except as otherwise provided in 49 CFR Part 382.505 regarding alcohol test results of 0.02 to 0.039, an employee who violates alcohol misuse or controlled substance use rules may be terminated by an agency head or, if not terminated, shall be removed from duties requiring a CDL and shall be evaluated by a substance abuse professional to assess any need for rehabilitation or treatment and, as determined to be appropriate by the agency head, may be assigned to duties not requiring a CDL, granted leave with or without pay at employee request, or disciplined as provided by HRSD State Policy 70.000.01, Management Service Discipline or 70.005.01, Classified Unrepresented Discipline and Discharge.

(5) Any employee rehabilitation or treatment shall be at employee expense except as it may be covered by insurance. Leave with or without pay may be granted at employee request during the period of treatment or rehabilitation.

(6) Except as otherwise provided in 49 CFR Part 382.505 regarding alcohol test results of 0.02 to 0.039, an agency head may return an employee, who violates alcohol misuse or controlled substance use rules, to the former duties requiring a CDL if the employee:

(a) Has been evaluated by a substance abuse professional;

(b) Has complied with the recommended treatment or rehabilitation;

(c) Has taken a return to duty alcohol or controlled substance test and has a negative result; and

(d) Is subject to unannounced follow-up alcohol or controlled substance tests.

(7) An employee having a CDL shall inform the appointing authority of any medial use of controlled substances.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS Omnisbus Transportation Employee Testing Act of 1991; 49 CFR Part 40 & Part 382, ORS 240.145
Stats. Implemented:
Hist.: PD 4-1994, f. 12-23-94, cert. ef. 1-1-95

105-050-0004

Drug Testing of Final Applicants for Certain State Classifications/Positions

(1) It is the policy of the Executive Branch of Oregon state government to provide the public with a drug-free workplace. Accordingly:

(a) An appointing authority of an agency providing public safety and/or mental health services may institute a drug testing program for the final applicant for classifications and/or positions designated by the appointing authority. A final applicant is the employing agency's first choice after completion of all hiring tests and standards, including reference checks, prior to offering employment.

(b) Prior to implementing the drug testing program for the final applicant the appointing authority shall develop an agency drug testing policy which shall include:

(A) The designated classifications and/or positions for which the final applicant shall be tested for prohibited drugs;

(B) The prohibited drugs/controlled substances for which a final applicant shall be tested;

(C) Assurance that the drug testing shall be conducted by a laboratory which is licensed and operated in accordance with ORS 438.010 and OAR 333-024-0305 through 333-024-0350;

(D) A description of the drug testing protocol, i.e., how and when the drug testing shall be carried out.

(c) An appointing authority shall not select a final applicant who refuses to take or fails a test for prohibited drug use.

(d) An applicant disqualified under this rule for a current opening may reapply for subsequent openings for those positions designated for pre-employment drug testing:

(A) Upon presenting proof of successful completion of a drug rehabilitation program; or

(B) Passing any drug test required for the final applicant for subsequent openings.

(e) Drug tests for the final applicant shall be paid for by the hiring agency and conducted in accordance with the agency's drug testing policy.

(f) At the time of implementation, an appointing authority shall submit a copy of the agency drug testing policy for the final applicant to the Division for filing.

(g) All recruiting announcements for designated classifications/positions shall include the statement: "All applicants for, and employees in this classification/position, shall be subject to testing for the use of prohibited drugs."

(h) An appointing authority shall maintain records of drug testing, stating the number of applicants tested, the number of confirmed positive tests and the classifications/positions involved.

(i) An agency's administration of its drug testing policy and drug testing records for applicants shall be subject to audit by the Division.

(2) Failing a drug test means the confirmation test result indicates positive evidence of a prohibited drug.

(3) Mental health services are those provided at Mental Health and Developmental Disability Services Division institutions.

(4) Prohibited drugs are marijuana, cocaine, opiates, phencyclidine (PCP), amphetamines and substances specified in Schedules I through V of Section 202 of the Controlled Substances Act, 21 USC 811, 812 and as defined in 21 CFR 1300.11 through 1300.15 unless authorized by legal prescription or are exempt from federal or state law.

(5) Public safety services are those performed by police officers, firefighters, public safety trainers, correctional officers, group life coordinators at juvenile corrections institutions, parole and probation officers, strike-prohibited employees at mental health institutions and services performed by other strike-prohibited employees.

Stat. Auth.: ORS 183.340, ORS 240.145(3) & ORS 240.250
Stats. Implemented: ORS 240.135, ORS 240.250 & ORS 240.321(2)
Hist.: HRMD 1-1996, f. & cert. ef. 1-31-96; HRSD 9-2003, f. 5-15-03, cert. ef. 5-21-03

105-050-0006

Smoke-Free Workplace

To protect public and employee health by restricting smoking in state-operated facilities:

(1) An agency head shall designate areas in the workplace where smoking is prohibited. The designation may declare the entire workplace "smoke-free."

(2) An agency head shall assure that work areas are controlled to provide a smoke-free atmosphere by using one or more of the following methods:

(a) Physical barriers that separate smoking from nonsmoking areas;

(b) Ventilate work place or rest area so that visible smoke is removed in no more than five minutes after such space has been used by smokers;

(c) Space separation;

(d) Other methods determined by an agency head to be appropriate.

(3) Unless the agency head has declared a smoke-free workplace, this rule shall not apply to enclosed office spaces occupied exclusively by smokers.

Stat. Auth.: ORS 184.340, ORS 240.145, ORS 240.250, ORS 243.345 & ORS 243.650
Stats. Implemented: ORS 243.345 & ORS 243.350
Hist.: PD 7-1981, f. & ef. 12-18-81; PD 2-1989, f. & cert. ef. 12-1-89; PD 2-1994, f & cert. ef. 8-1-94; Renumbered from 105-010-0060

105-050-0025

Injured Worker Preference for Light Duty Assignments under ORS 659A.052

Applicability: All Executive Branch Agencies except the Oregon University System pursuant to ORS 351.087.

(1) Definitions:

(a) Agency-at-injury: The state agency that employed the injured worker when the compensable injury occurred.

(b) Attending Physician: The physician primarily responsible for the injured worker’s care related to the compensable condition in the workers’ compensation claim.

(c) Independent and semi-independent agencies: State executive branch agencies not subject to all of ORS 240.

(d) Light duty assignment: A transitional assignment of an injured worker while the worker is recovering from job-related injuries or illnesses to duties within the worker’s capacities and restrictions specified in writing by the worker’s attending physician.

(2) If feasible, agencies-at-injury will make light duty assignments for injured workers after an attending physician authorizes a worker to return to work with temporary restrictions that preclude the worker from performing some or all of the worker’s regular job duties.

(3) To identify light duty assignments, agencies-at-injury:

(a) Where feasible, temporarily modify a worker’s regular job duties by removing or modifying those duties that conflict with physical restrictions specified by an injured worker’s attending physician.

(b) If it is not feasible to remove or modify the worker’s regular job duties to be consistent with the worker’s restrictions, the agency-at-injury considers other work the agency may temporarily assign to the injured worker.

(c) If no light duty assignments are available within the agency-at-injury, the agency-at-injury may contact the Human Resource Services Division or other executive branch agencies for assistance in locating light duty assignments.

(d) Agencies-at-injury monitor, adjust, or terminate temporary light duty assignments as appropriate.

(e) An injured worker temporarily assigned light duty work in another agency remains an employee of the agency-at-injury.

(f) In addition to this rule, agencies that are subject to ORS 240 follow State Human Resource Policy 50.020.05, Early Return to Work of Injured Workers.

Stat. Auth.: ORS 240.145, 240.250 & 659A.052
Stats. Implemented: ORS 240.306, 659A.043, 659A.046 & 659A.052
Hist.: HRSD 1-2009(Temp), f. 6-25-09, cert. ef. 7-1-09 thru 12-27-09; HRSD 2-2009(Temp), f. & cert. ef. 11-2-09 thru 2-28-10; HRSD 3-2009, f. 12-30-09, cert. ef. 1-1-10

105-050-0030

Injured Worker Preference for Entry-Level Positions Under ORS 659A.052

Applicability: All Executive Branch Agencies except the Oregon University System pursuant to ORS 351.087.

(1) Definitions:

(a) Agency-at-injury: The state agency that employed the injured worker when the compensable injury occurred.

(b) Attending Physician: The physician primarily responsible for the injured worker’s care related to the compensable condition in the workers’ compensation claim.

(c) Independent and semi-independent agencies: State executive branch agencies not subject to all of ORS 240.

(d) Entry-level position: All limited competitive and non-competitive appointment classifications listed in OAR 105-040-0060; all classifications defined as entry in their title; single-level classifications and the first level of a classification series.

(2) Injured workers who make a timely demand for reemployment to available, suitable employment in accordance with Oregon Administrative Rule 839-006-0135 may also request consideration for permanent appointment to entry-level positions.

(a) The injured worker, seeking such reemployment, submits a written request to the agency-at-injury noting the specific entry-level positions to which he or she seeks appointment along with an updated employment application form.

(b) An agency-at-injury, subject to ORS 240, after receiving an eligible injured worker’s request for permanent reemployment in a suitable or entry-level position, places the injured worker on the injured worker list for suitable and entry-level positions in accordance with State Human Resource Policy 50.020.03 Reinstatement and Reemployment of Injured Workers, or an applicable collective bargaining agreement.

(c) The Human Resource Services Division provides relevant information to semi-independent and independent state agencies regarding the injured workers who are eligible for reemployment to available, suitable, and entry-level positions.

(d) Independent and semi-independent state agencies give priority consideration according to subsection (2)(f) of this rule, to injured workers from other executive branch agencies who make a timely demand for reemployment.

(e) The Human Resource Services Division places workers injured in an independent or semi-independent agency on the injured worker list for appropriate classifications following receipt of notice from an independent or semi-independent agency of the injured worker’s timely demand for reemployment to suitable and entry-level positions.

(f) All executive branch agencies, when filling vacancies, subject to the restrictions of an applicable collective bargaining agreement, offer entry-level and suitable positions to injured workers who meet the minimum and special qualifications of the position and can perform the duties within permanent restrictions.

Stat. Auth.: ORS 240.145, 240.250 & 659A.052
Stats. Implemented: ORS 240.306, 659A.043, 659A.046 & 659A.052
Hist.: HRSD 1-2009(Temp), f. 6-25-09, cert. ef. 7-1-09 thru 12-27-09; HRSD 2-2009(Temp), f. & cert. ef. 11-2-09 thru 2-28-10; HRSD 3-2009, f. 12-30-09, cert. ef. 1-1-10

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