Random testing, drugs, unemployment benefits, safety, return-to-duty-testing.

The Sun Veneer Corporation appeals a decision of a state review board that grants unemployment benefits to a former employee. The company dismissed David Schafer, who was responsible for operating a wood chipper, after Schafer failed posted a positive result in a random drug test. The tests were part of a return-to-duty program Schafer had agreed to after participating in a drug treatment program.

The Oregon Employment Appeals Board awarded Schafer unemployment benefits, arguing that his discharge was not for misconduct connected with his job. The Board concluded that the employer failed to prove that Schafer's use of drugs impaired his performance on the job. The company now appeals.

The company loses. The Oregon Court of Appeals affirmed the ruling of the lower jurisdiction.