Maine Drug Testing Laws and Regulations

State:	Maine

Statute of Order:	Maine Rev. Stat. §26:681 et seq.

Covered Employers:	Public and private employers.

Applicant Testing:	Applicant testing authorized if applicant has been offered employment or a position on a roster of eligibility. Employer may refuse to hire employee who refuses to test or who tests positive.

Employee Testing:	Employee testing authorized if there is probable cause for suspicion of substance abuse that is not based solely on the occurrence of an accident. Random testing authorized of employee returning to work after positive test, of employees in safety-sensitive jobs, and pursuant to a collective bargaining agreement. Employee who tests positive may be referred for counseling or treatment. Discipline or discharge authorized for refusal to submit to test, for subsequent positive result, or for failure to complete treatment.

Conditions & Methods:	Written policy providing for testing by certified laboratory, sample collection by nurse or doctor in medical facility, confirming test for employees testing positive, 3-day period for employee to explain or contest findings, and employee option to provide blood rather than urine sample. Before implementation of testing, employers of 25 or more must make suitable arrangements with certified employee assistance program.

Important Bulletpoints:	Furthermore, an employer with more than 20 full-time employees must establish a working employee assistance program or be part of a cooperative EAP. The employee assistance program must be duly certified by the Office of Substance Abuse. Compliance to this provision is a requirement without which approval of employer’s drug testing policy may be denied. Random testing is permissible only when the employer has more than 50 full-time employees and the formulation of the testing policy was performed by a committee consisting wholly of employees. Collective bargaining agreements may also call for drug testing for its members but the results of the tests may not be used to take adverse action against the employee. In such cases, approval of the Labor Department is not required. Maine legislation on substance abuse testing differentiates medical examinations for employment purposes from drug testing as a condition for employment. Drug testing including confirmatory tests may only be conducted at HHS compliant laboratories certified by the National Institute on Drug Abuse (NIDA), College of American Pathology (CAP) or the American Association of Clinical Chemistry (AACC). Employer must pay all costs of substance abuse tests required, requested or suggested of an employee except for retests wherein the employee pays the cost if the retest shows positive. Workers compensation and unemployment benefits may be adversely affected for employees who tests positive. Employers are required to provide first time offenders a 6 month opportunity for rehabilitation or treatment.

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Maine Drug Testing Laws and Regulations

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