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Substance Abuse Testing Law
Introduction
The cornerstone of a drug-free workplace is clear drug-testing policy.
Employers wanting to enact a drug testing program must have a policy approved by the Maine Department of Labor, Bureau of Labor Standards, with one exception.
A note on Maine employers with federally covered employees:
If an employer has any employees who are subject to a federally mandated drug-and-alcohol testing program working in Maine, that employer may expand the federal testing pool to cover all employees and forego a policy with the State.
For employers wanting to establish a State testing policy, the Department has developed model testing policies, incorporating requirements from the Substance Abuse Testing statutes as well as the pertinent Department of Labor rules and Department of Health and Human Services rules.
The model policies are in Word 2007 format and use fillable fields and drop-down lists to expedite the application and revision process.
Annual Report to the Legislature
Resources
- MDOL Guide to Marijuana in the Workplace (Download Word) (Download PDF)
- Certified drug-testing labs
- Model policies
- Testable substances and sample collection
- Sample Documents
- Sample Observed Behavior Checklist: (Download Word) (Download PDF)
- Sample Non-Impairment Agreement: (Download Word) (Download PDF)
- Sample Waiver for Temporary Employees in Maine: (Download Word) (Download PDF)
Related Links
- Substance Abuse Testing Law
- Department of Labor - Rules Relating to Substance Abuse Testing
- Department of Health and Human Services - Maine Drug Testing Laboratory Rules
- Employee Assistance Program Certification Information
- SAMHSA’s Drug-Free Workplace Toolkit
- US Department of Transportation – Drug & Alcohol Policy and Compliance
