In accordance with the State law, employers can require employee drug testing in Maine. As per §26:683.1, and §26:683.2, an employer must create a written policy and, if they have 20 or more employees, put an employee assistance program in place before mandating a drug testing program. Furthermore, an employer cannot put a drug testing policy into effect until the Department of Labor has approved it.
Can Current Employees Be Tested? Yes, an employer may require employees to be tested for drug use under the following circumstances:
- The employer has reasonable cause to suspect the employee of drug use or inebriation
- The employee is in rehabilitation for drug use or is returning to work after having a positive test result
- There are random testing procedures put in place in accordance with State laws
- The employee is subject to a federally mandated drug and alcohol testing program
Is Certified Testing Required? Yes (unless an employee is subject to a federally mandated drug and alcohol testing program).
Laws – §26:683.1-11
Who can be Tested? Employees, or anyone offered a position by the employer or included on a roster of eligibility for a position.
How to Conduct a Legal Drug Test
Step 1 – First the employee must fill out a Drug Test Release Form and provide their employer with the required sample. The physical sample can be in any one of the following forms:
Step 2 – Next, the employer will need to have the sample tested by one of the certified laboratories listed on the Substance Abuse and Mental Health Association’s (SAMHSA) website.
Step 3 – When the employer receives the results of the drug test, they must inform the employee of the content of the test result is. If the employee tests positive, they have three (3) days to explain or contest the result.