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The federal laws which govern medical exams for employment purposes are the Americans with Disabilities Act (ADA), federal drug testing guidelines under the Omnibus Transportation Employee Testing Act, and the Health Insurance Portability and Accountability Act (HIPAA). A federal executive order prohibits federal employers from requesting genetic tests as a condition of employment, but there are as yet no provisions relating to private employers.
The ADA governs medical testing in relation to applicants and employees with disabilities. For more information on the ADA, see the Americans with Disabilities Act topic.
Drug tests are not considered medical examinations under the ADA, but the records of such tests are considered confidential medical records from a privacy standpoint, and certain procedures must be followed in conducting the tests. For more information, see the Drug Testing topic.
For more information on privacy and medical records, see the Health Insurance Portability and Accountability Act topic
Pre-employment medical tests
Oregon law mirrors federal ADA law in regard to medical exams and inquiries of employees and applicants. It also provides that an employer may conduct voluntary medical exams, including medical histories, that are part of an employee health program available to employees at the work site.
Genetic test
Oregon law prohibits an employer from requiring a genetic test, psychological stress or brain-wave test of an employee or applicant except where a genetic test is administered to determine a bona fide occupational qualification.
Payment of exam
An employer may not require an employee to pay the cost of a medical exam or health certificate as a condition of continued employment unless the medical exam or certificate is required pursuant to a collective bargaining agreement or federal, state or local law.
Contact
Oregon Bureau of Labor and Industries
Regulations
Pre-employment medical tests
Oregon Revised Statutes Chapter 659A, 659A.133 and 659A.136
www.oregonlegislature.gov/bills_laws/ors/ors659a.html
Also see Oregon Administrative Rules, Bureau of Labor and Industries, Ch. 839, Division 6, §839-006-0242
http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_006.html
Genetic test
Oregon Revised Statutes Chapter 659A, 659A.300
www.oregonlegislature.gov/bills_laws/ors/ors659a.html
Payment of exam
Oregon Revised Statutes Chapter 659A, 659A.306
www.oregonlegislature.gov/bills_laws/ors/ors659a.html
Contacts
Americans with Disabilities Act (ADA)
Drug testing
US Department of Transportation
Health Insurance Portability and Accountability Act (HIPAA)
Regulations
Americans with Disabilities Act (ADA)
29 CFR 1600, 1601, 1602, 1603, 1604,
1605, 1606, 1607, 1608, 1610, 1611,
1612, 1614, 1620, 1621, 1625, 1626,
1627, 1630, 1635, 1640, 1641
1650, 1690, 1691
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Health Insurance Portability and Accountability Act (HIPAA)
45 CFR Subchapter B – Parts 144, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, Subchapter C – 160, 162, 164,
Public Law 104-191 (104th Congress)