Maine has a comprehensive law that regulates when drug tests may be given, specifies testing procedures that ensure employee privacy, and requires that opportunities be provided for rehabilitation and treatment of substance-abuse problems (ME Rev. Stat. Tit. 26 Sec. 681et seq.). The law covers all public and private employers, regardless of size.
Written policy. Before it may require, request, or suggest that any employee or applicant submit to a substance abuse test, an employer must have a written policy that has been developed by the employer and approved by the Department of Labor, and a copy of the policy must be provided to employees 30 days prior to implementation. The policy should include:
• The employment positions subject to testing;
• The procedures/consequences of voluntary admission of substance abuse, and available assistance;
• When testing may occur;
• The procedures for specimen collection and storage;
• The substances tested for; and
• The consequences of a positive result or refusal to take a test.
Before establishing a testing program, employers with 20 or more full-time employees must have made an Employee Assistance Program (EAP) available to their employees.
Liability waivers barred. An employer may not require or request that any employee or applicant sign or agree to any form or agreement that attempts to absolve the employer from liability arising out of a substance abuse test. Any such waiver is void.
The law allows tests to be given to the following individuals and/or in the following situations:
• Applicants. An employer may require that an applicant take a drug test only if the applicant has been offered employment, or if his or her name has been added to a roster from which individuals ...