Under state law, employers are prohibited from subjecting employees or prospective employees to a Breathalyzer® test as a condition of employment or continued employment. However, employers may administer a Breathalyzer test with the employee's consent. If the employer has reasonable grounds to believe that an employee or prospective employee is under the influence of alcohol while on the job, the employer may require, as a condition of employment or continuing employment, the administration of a blood-alcohol content test or Breathalyzer test. The employer cannot require the employee to pay for the cost of administering the test (OR Rev. Stat. Sec. 659.840, Sec. 659A.300).
An individual is “under the influence of intoxicating liquor” when his or her 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.