§ 26 §683 — Testing procedures

An employer may not require, request or suggest that any employee or applicant submit to a substance use test except in compliance with this section. All actions taken under a substance use testing program must comply with this subchapter, rules adopted under this subchapter and the employer's written policy approved under section 686.
1.
Employee assistance program required.
Before establishing any substance use testing program for employees, an employer with over 20 full-time employees must have a functioning employee assistance program.
2.
Written policy.
Before establishing any substance use testing program, an employer shall develop or, as required in section 684, subsection 3, paragraph C, appoint an employee committee to develop a written policy in compliance with this subchapter providing for, at a minimum:
3.
Copies to employees and applicants.
The employer shall provide each employee with a copy of the written policy approved by the Department of Labor under section 686 at least 30 days before any portion of the written policy applicable to employees takes effect. The employer shall provide each employee with a copy of any change in a written policy approved by the Department of Labor under section 686 at least 60 days before any portion of the change applicable to employees takes effect. The Department of Labor may waive the 60-day notice for the implementation of an amendment covering employees if the amendment was necessary to comply with the law or if, in the judgment of the department, the amendment promotes the purpose of the law and does not lessen the protection of an individual employee. If an employer intends to test an applicant, the employer shall provide the applicant with a copy of the written policy under subsection 2 before administering a substance use test to the applicant. The 30-day and 60-day notice periods provided for employees under this subsection do not apply to applicants.
4.
Consent forms prohibited.
An employer may not require, request or suggest that any employee or applicant sign or agree to any form or agreement that attempts to:
4-A.
Waivers for temporary employment.
An employment agency, as defined in section 611, may request a written waiver for a temporary placement from an individual already in its employ or on a roster of eligibility as long as the client company has an approved substance use testing policy and the individual has not been assigned work at the client company in the 30 days previous to the request. The waiver is only to allow a test that might not otherwise be allowed under this subchapter. The test must otherwise comply with the standards of this subchapter and the employment agency's approved policy regarding applicant testing. The agency may not take adverse action against the individual for refusal to sign a waiver.
5.
Right to obtain other samples.
At the request of the employee or applicant at the time the test sample is taken, the employer shall, at that time:
5-A.
Point of collection screening test.
Except as provided in this subsection, all provisions of this subchapter regulating screening tests apply to noninstrumented point of collection test devices described in section 682, subsection 7, paragraph A, subparagraph (1).
6.
Qualified testing laboratories required.
An employer may not perform any substance use test administered to any of that employer's employees. An employer may perform screening tests administered to applicants if the employer's testing facilities comply with the requirements for testing laboratories under this subsection. Except as provided in subsection 5‑A, any substance use test administered under this subchapter must be performed in a qualified testing laboratory that complies with this subsection.
7.
Testing procedure.
A testing laboratory shall perform a screening test on each sample submitted by the employer for only those substances that the employer requests to be identified. If a screening test result is negative, no further test may be conducted on that sample. If a screening test result is positive, a confirmation test must be performed on that sample. A testing laboratory shall retain all confirmed positive samples for one year in a manner that will inhibit deterioration of the samples and allow subsequent retesting. All other samples must be disposed of immediately after testing.
8.
Laboratory report of test results.
This subsection governs the reporting of test results.
9.
Costs.
The employer shall pay the costs of all substance use tests that the employer requires, requests or suggests that an employee or applicant submit. Except as provided in paragraph A, the employee or applicant shall pay the costs of any additional substance use tests.
10.
Limitation on use of tests.
An employer may administer substance use tests to employees or applicants only for the purpose of discovering the use of any substance likely to cause impairment of the user or the use of any scheduled drug. An employer may not have substance use tests administered to an employee or applicant for the purpose of discovering any other information.
11.
Rules.
The Department of Health and Human Services shall adopt any rules under section 687 regulating substance use testing procedures that it finds necessary or desirable to ensure accurate and reliable substance use testing and to protect the privacy rights of employees and applicants.

Legislative History

PL 1989, c. 536, §§1,2 (NEW). PL 1989, c. 604, §§1-3 (AMD). PL 1989, c. 832, §§6-9 (AMD). PL 1995, c. 283, §1 (AMD). PL 1995, c. 324, §§4-6 (AMD). PL 1999, c. 199, §1 (AMD). PL 2001, c. 556, §§2-4 (AMD). PL 2003, c. 547, §1 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 443, §1 (AMD). PL 2007, c. 339, §§1, 2 (AMD). PL 2009, c. 133, §2 (AMD). PL 2011, c. 657, Pt. AA, §72 (AMD). PL 2017, c. 407, Pt. A, §107 (AMD). PL 2019, c. 627, Pt. B, §7 (AMD). PL 2021, c. 669, §5 (REV). PL 2025, c. 305, Pt. A, §6 (AMD). PL 2025, c. 316, §3 (REV).