Substance Use Testing Law

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 Use Testing statutes as well as the pertinent Department of Labor rules and Department of Health and Human Services rules.

The Maine Substance Use Testing Law requires the Maine Department of Labor (MDOL) to report to the legislature on activities under the Maine law. The Substance Use Testing Report does not reflect activities under Federally mandated testing programs. Therefore, it should not be taken as a comprehensive study of workplace substance use testing. The publication lists companies with approved policies, laboratories approved to do testing, certified employee assistance programs and the results of the tests performed.

The Maine Substance Use Testing Law, Title 26 MRSA, Section 680 et seq, controls employer drug testing that is not performed in response to federal mandates. Any company that wants to have a substance use testing program (but is not required to under federal law) must submit a policy to the Bureau of Labor Standards for review and approval. BLS can supply employers with a Model Substance Use Testing Policy to assist in developing an acceptable policy.

Maine Employer Drug Testing Survey

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