Maine § 26 §684 Imposition of tests

Maine Statutes

§ 26 §684 — Imposition of tests

Maine·Title 26 LABOR AND INDUSTRY·Ch. 7 EMPLOYMENT PRACTICES

1.Testing of applicants. An employer may require, request or suggest that an applicant submit to a substance use test only if:

2.Probable cause testing of employees. An employer may require, request or suggest that an employee submit to a substance use test if the employer has probable cause to test the employee.

3.Random or arbitrary testing of employees. In addition to testing employees on a probable cause basis under subsection 2, an employer may require, request or suggest that an employee submit to a substance use test on a random or arbitrary basis if:

4.Testing while undergoing rehabilitation or treatment. While the employee is participating in a substance use rehabilitation program either as a result of voluntary contact with or mandatory referral to the employer's employee ass

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1.
Testing of applicants.
An employer may require, request or suggest that an applicant submit to a substance use test only if:
2.
Probable cause testing of employees.
An employer may require, request or suggest that an employee submit to a substance use test if the employer has probable cause to test the employee.
3.
Random or arbitrary testing of employees.
In addition to testing employees on a probable cause basis under subsection 2, an employer may require, request or suggest that an employee submit to a substance use test on a random or arbitrary basis if:
4.
Testing while undergoing rehabilitation or treatment.
While the employee is participating in a substance use rehabilitation program either as a result of voluntary contact with or mandatory referral to the employer's employee assistance program or after a confirmed positive result as provided in section 685, subsection 2, paragraphs B and C, substance use testing may be conducted by the rehabilitation or treatment provider as required, requested or suggested by that provider.
5.
Testing upon return to work.
If an employee who has received a confirmed positive result returns to work with the same employer, whether or not the employee has participated in a rehabilitation program under section 685, subsection 2, the employer may require, request or suggest that the employee submit to a subsequent substance use test anytime between 90 days and one year after the date of the employee's prior test. A test may be administered under this subsection in addition to any tests conducted under subsections 2 and 3. An employer may require, request or suggest that an employee submit to a substance use test during the first 90 days after the date of the employee's prior test only as provided in subsections 2 and 3.

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Legislative History

PL 1989, c. 536, §§1,2 (NEW). PL 1989, c. 604, §§2,3 (AMD). PL 1989, c. 832, §§10,11 (AMD). PL 2001, c. 706, §1 (AMD). PL 2003, c. 547, §2 (AMD). PL 2017, c. 407, Pt. A, §108 (AMD).