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Maine - STATE LAWS

Workplace drug testing issues – State Laws – Maine

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Employers wanting to enact a drug testing program must have a policy approved by the Maine Department of Labor, Bureau of Labor Standards.  Maine Statute on Substance Abuse Testing – Title 26, Chapter 26, Subchapter 3-A.

Workplace Drug Testing Laws in Maine

Instant or POCT

Restrictions

Instant testing for pre-employment only. A non-negative result must always be sent to a certified laboratory for confirmation. Follow specific Main Substance Abuse Testing Statute.

Drug Panels

No Restrictions

Laboratory

Certification Required

By the Maine Department of Health and Human Services

Medical Review

Random Testing

Highly Restricted

Only if an approved policy permits random testing; safety sensitive or over 50 employees.

Post-Accident

Caution

Follow an approved policy.

Reasonable Suspicion

Caution

Follow an approved policy.

Oral Fluids

Restricted

Maine Department of Labor states it will be approved when SAMHSA approves oral fluid. No other mention in Maine laws of any restrictions on oral fluid.

Hair Testing

Permitted

Maine law specifies cut off levels for each specimen type.

Unemployment Denial

Yes

Terminate for misconduct which includes intoxication while on duty or when reporting to work, or unauthorized use of alcohol while on duty, as well as using illegal drugs or being under the influence of such drugs while on duty or when reporting to work.

Workers Comp Discount

No

Intoxication Defense

Yes

Claim can be denied when the injury or death of an employee when the injury resulted from the employee's intoxication while on duty.

Medical Marijuana

Yes

An employer is not required to accommodate use of marijuana.

Recreational Marijuana

Yes

Passed November 2016, the law does not affect the ability of employers to enact and enforce workplace policies restricting the use of marijuana by employees or to discipline employees who are under the influence of marijuana in the workplace.

Report Driver DOT Positives

No

General Statute

Generally speaking, there are two kinds of drug testing policies in Maine: applicant and employee

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Maine