About 85% of DOC’s staff are represented employees—with positions falling under either AOCE or AFSCME labor unions. Labor agreements with both unions have strict specifications for situations where DOC can require medical information or medical testing from an employee.
Two examples of when the labor agreements allow DOC to require medical information or testing include:
- An employee is clearly intoxicated/under the influence while on the job (Security staff only)
- An employee exhibits symptoms of COVID-19 during their routine screening (currently required each time an employee reports to work)
In the second example, employees will be denied access to the work site until they can present information that proves they are medically safe to return to work. While this proof doesn’t have to be a negative test result, it often is—however, in some cases a doctor’s note or some other form of proof may be more appropriate.
In other words, mandatory testing would violate labor agreements that are put in place to protect workers’ rights and prevent abuse. Labor agreements cannot be changed outside of the bargaining procedures per the Oregon’s Public Employee Collective Bargaining Act (PECBA), and DOC’s bargaining units would strongly oppose the proposal of mandatory testing.
However, upon arriving for work at a DOC location, all employees undergo a thorough health screening before they are permitted to enter the facility. The screening includes a temperature and symptom check.