Maine § 26 §681 Purpose; applicability

Maine Statutes

§ 26 §681 — Purpose; applicability

Maine § 26 §681

Title 26LABOR AND INDUSTRY

Ch. 7EMPLOYMENT PRACTICES

This text of Maine § 26 §681 (Purpose; applicability) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 26, § 26 §681 (2026).

Text

1.Purpose. This subchapter is intended to:

2.Employer discretion. This subchapter does not require or encourage employers to conduct substance use testing of employees or applicants. An employer who chooses to conduct such testing is limited by this subchapter, but may establish policies that are supplemental to and not inconsistent with this subchapter.

3.Collective bargaining agreements. This subchapter does not prevent the negotiation of collective bargaining agreements that provide greater protection to employees or applicants than is provided by this subchapter.

4.Home rule authority preempted. A municipality may not enact any ordinance under its home rule authority regulating an employer's use of substance use tests.

5.Contracts for work out of State. All employment contracts su

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1.
Purpose.
This subchapter is intended to:
2.
Employer discretion.
This subchapter does not require or encourage employers to conduct substance use testing of employees or applicants. An employer who chooses to conduct such testing is limited by this subchapter, but may establish policies that are supplemental to and not inconsistent with this subchapter.
3.
Collective bargaining agreements.
This subchapter does not prevent the negotiation of collective bargaining agreements that provide greater protection to employees or applicants than is provided by this subchapter.
4.
Home rule authority preempted.
A municipality may not enact any ordinance under its home rule authority regulating an employer's use of substance use tests.
5.
Contracts for work out of State.
All employment contracts subject to the laws of this State must include an agreement that this subchapter will apply to any employer who hires employees to work outside the State.
6.
Medical examinations.
This subchapter does not prevent an employer from requiring or performing medical examinations of employees or applicants or from conducting medical screenings to monitor exposure to toxic or other harmful substances in the workplace, as long as these examinations are not used to avoid the restrictions of this subchapter. An examination under this subsection may not include the use of any substance use test except in compliance with this subchapter.
7.
Other discipline unaffected.
This subchapter does not prevent an employer from establishing rules related to the possession or use of substances by employees, including convictions for substance-related offenses, and taking action based upon a violation of any of those rules, except when a substance use test is required, requested or suggested by the employer or used as the basis for any disciplinary action.
8.
Nuclear power plants; federal law.
The following limitations apply to the application of this subchapter.
9.
Board of Licensure of Railroad Personnel; testing restricted.

Legislative History

PL 1989, c. 536, §§1,2 (NEW). PL 1989, c. 604, §§2,3 (AMD). PL 1989, c. 832, §§1-3 (AMD). PL 1993, c. 428, §3 (AMD). PL 1995, c. 324, §§1,2 (AMD). PL 2011, c. 196, §1 (AMD). PL 2017, c. 407, Pt. A, §105 (AMD).