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Maine - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

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, effective February 1, 2018. See additional comments below. The law prohibits employers from taking adverse employment actions for off-premises marijuana use.

Report Driver DOT Positives

No

General Statute

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