State:	Maine
Statute of Order:	Maine Rev. Stat. §26:681 et seq.
Covered Employers:	Public and private employers.
Applicant Testing:	Applicant testing authorized if applicant has been offered employment or a position on a roster of eligibility. Employer may refuse to hire employee who refuses to test or who tests positive.
Employee Testing:	Employee testing authorized if there is probable cause for suspicion of substance abuse that is not based solely on the occurrence of an accident. Random testing authorized of employee returning to work after positive test, of employees in safety-sensitive jobs, and pursuant to a collective bargaining agreement. Employee who tests positive may be referred for counseling or treatment. Discipline or discharge authorized for refusal to submit to test, for subsequent positive result, or for failure to complete treatment.
Conditions & Methods:	Written policy providing for testing by certified laboratory, sample collection by nurse or doctor in medical facility, confirming test for employees testing positive, 3-day period for employee to explain or contest findings, and employee option to provide blood rather than urine sample. Before implementation of testing, employers of 25 or more must make suitable arrangements with certified employee assistance program.
Pass Drug Testing Bulletpoints:	Furthermore, an employer with more than 20 full-time employees must establish a working employee assistance program or be part of a cooperative EAP. The employee assistance program must be duly certified by the Office of Substance Abuse. Compliance to this provision is a requirement without which approval of employer’s drug testing policy may be denied. Random testing is permissible only when the employer has more than 50 full-time employees and the formulation of the testing policy was performed by a committee consisting wholly of employees. Collective bargaining agreements may also call for drug testing for its members but the results of the tests may not be used to take adverse action against the employee. In such cases, approval of the Labor Department is not required. Maine legislation on substance abuse testing differentiates medical examinations for employment purposes from drug testing as a condition for employment. How To Pass A Drug Test Including confirmatory tests may only be conducted at HHS compliant laboratories certified by the National Institute on Drug Abuse (NIDA), College of American Pathology (CAP) or the American Association of Clinical Chemistry (AACC). Employer must pay all costs of substance abuse tests required, requested or suggested of an employee except for retests wherein the employee pays the cost if the retest shows positive. Workers compensation and unemployment benefits may be adversely affected for employees who tests positive. Employers are required to provide first time offenders a 6 month opportunity for rehabilitation or treatment.

10 Things to Know To Pass A Drug Test In Maine

1. Clearly Defined State Law

Maine has a well etched, State Law and is a ‘Mandatory’ State. This essentially means that if an employer wants to conduct tests with regards to drugs or alcohol then they must be conducted under the aegis of the drug testing law of the State.

2. Policy – Rules and Regulations

An employer must seek an approval of the Department of Labor, for the written drug testing policy. An employee committee must be set up in the event of there being more than 50 full time employees working with the company; this committee must configure a random testing policy, if random tests are to be conducted. This policy then must be submitted for approval.

3. Clearly Defined Policy

All the procedural requirements and consequences of the testing must be clearly defined in the policy. Various aspects of the process like the collection of samples, removal of clothing, observations methodology or rules and regulations etc must be mentioned clearly in the policy.

4. Requirement of Notice, If any

An employee must be informed about the approved policy through a copy of the same. This should be provided to him/her 30 days before the process of testing begins. In the event of any changes in the policy being approved, then the same must be provided to all employees, a minimum 60 days before the start of the testing.

5. What are the Costs?

The onus of the costs of all substance abuse test lies on the employer. The cost of all additional substance abuse tests will also be incurred by the employer, with a few exceptions.

6. Costs Incurred by Employee

The employee pays for the substance abuse tests if there is a confirmation of the positive result in the employee’s sample. There are various exceptions and policy rules and regulations for the same.

7. Post Testing

Even if the first test has returned positive the employee may not be discharged. There must be confirmation of all initial screen results. However, the services of the employee can be discharged if the employee refuses to go through the rehabilitation process or there is another positive result.

8. Other Consequences

An employer may offer the employee an opportunity for treatment, up to six months. Moreover, the consequence of a positive test could affect the employee’s eligibility with regards to the various unemployment laws or the State worker’s compensation.

9. Specific Time for Tests

Permitted testing of employees must take place within a specific time frame. Testing can take place if an offer of employment has been made by the employer, if the employment is subject to a negative result in the drug test, in the event of probable cause, etc, and various other reasons.

10. Specification Application of Tests

The tests can be applied to any employee or applicant. However, there must be a clear definition of the specific drug or alcohol test with regards to the State of Maine. Exception could be made in case of tests that are federally mandated.

PASS A DRUG TEST IN MAINE