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Under the Drug-Free Workplace Act of 1988 , federal workplaces and non-federal workplaces with a federal contract of $100,000 or more or a federal grant in any amount must implement a Drug-Free Workplace Program .
Among them, the Oregon state government follows the Drug-Free Workplace Act of 1988. Under the Drug-Free Workplace Act, if an employees use or conduct involving marijuana occurs in the workplace and results in a criminal drug statute conviction, they must notify the employer no later than 5 days after the conviction.
Whenever employees are working, are operating any [Company Name] vehicle, are present on [Company Name] premises or are conducting company-related work offsite, they are prohibited from: Using, possessing, buying, selling, manufacturing or dispensing an illegal drug (to include possession of drug paraphernalia).
The roll-back of Ballot Measure 110 went into effect Sept. 15, 2023. Oregon has ended its experiment with drug decriminalization. Starting Sept. 1, possession of small amounts of illicit substances are once again considered a misdemeanor crime.
Response: OSHA strongly supports measures that contribute to a drug-free environment and reasonable programs of drug testing within a comprehensive workplace program for certain workplace environments, such as those involving safety-sensitive duties like operating machinery.
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The new recriminalization law, HB4002, will give those caught with illicit drugs including fentanyl, and meth the choice to either be charged with possession or treatment, which includes completing a behavioral health program and participating in a deflection program to avoid fines.
A drug-free workplace policy can prohibit the use, manufacture, distribution, dispensation, sale, purchase, transfer, possession, or being under the influence of an illegal drug by an employee, within the workplace.

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