Maine – State Law Drug & Alcohol Testing Issues at a Glance

PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.

1) Workers Compensation Voluntary Premium Reduction State (if yes see below)
2) Employers Covered by Federal Drug Free Workplace Act
3) State Constitution Privacy Provision
4) Penalties and Remedies for Employer Non-Compliance
5) Significant Testing Restrictions
6) Disability Coverage
7) Drug and Alcohol Testing Restrictions
8) Worker’s Compensation Disqualification Laws
9) Unemployment Compensation Disqualification Laws
10) Alcohol Cut-off Levels
11) Substances Allowed for Testing
Marijuana, cocaine, amphetamines, opiates, PCP, barbiturates, methaqualone, benzodiazepines, propoxyphene, methadone
· Substances Cut-off Levels
Marijuana 50/15, Cocaine 300/150, Opiate 300/300, Phencyclidine 25/25, Amphetamines 1,000 /500, Benzodiazipines 300/200, Barbiturates 300/300, Methadone 300/300 and Methaqualone 300/300
12) Drug Specimen Types
Urine, blood if requested by employee.
13) Types of Drug Testing and Restrictions
· Pre Employment
Allowed but not required
· Reasonable Cause
Allowed but not required
· Random
Allowed for employee in safety sensitive position
· Post Accident
Allowed with reasonable cause
· Follow-up Testing
Allowed but no required
14) Restrictions on Types of Workplace Drug Tests
15) Collection Procedures
· Generally
· Observed Collections
· Split Specimen
16) Drug Testing Falsification Law
17) Point-of-Collection Device
· Urine
· Oral Fluids
18) Safety-Sensitive Restriction
19) Laboratory Based Testing
· Laboratory Certifications
National Institute on Drug Abuse, the College of American Pathology or the American Association for Clinical Chemistry, licensed by the Maine Department of Human Services. 
· Oral Fluids
· Hair Testing
20) Notification of Test Results
Employee must be immediately notified of preliminary POCT test. Employees and employers must be immediately notified of result of confirmatory test
21) Rehabilitation Requirements
Employer with over 20 full-time employees must have a functioning employee assistance program. A. The employer may meet this requirement by participating in a cooperative employee assistance program that serves the employees of more than one employer. B. The employee assistance program must be certified by the Office of Substance Abuse under rules adopted pursuant to section 687. The rules must ensure that the employee assistance programs have the necessary personnel, facilities and procedures to meet minimum standards of professionalism and effectiveness in assisting employees.
22) Retest Required
23) Wage Payment Requirements
Employer Responsibility
24) Disciplinary Action Restriction
25) State CDL DMV Reporting
26) State Medical Marijuana Laws
27) Union Agreements
28) Unique to State Issues
29) State Enforcement Agency
30) Web Resources
31) Significant Case Authority

Copyright Part40™.com, LLC © 2012, All Rights Reserved

This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."

PocketPart40 Editors:

Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP who is licensed to practice in Alabama and or call 334-241-8030

Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. or 205-283-1040

Mary Hines is past president of SAPAA and owner of Simple Path training and compliance solutions. or 214-697-1249

Maine Contributors: