§681. Purpose; applicability 1. Purpose. This subchapter is intended to: A. Protect the privacy rights of individual employees in the State from undue invasion by employers through the use of substance use tests while allowing the use of tests when the employer has a compelling reason to administer a test; [PL 2017, c. […]
§682. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] 1. Applicant. “Applicant” means any person seeking employment from an employer. “Applicant” includes any person using an employment agency’s services. […]
§683. Testing procedures An employer may not require, request or suggest that any employee or applicant submit to a substance use test except in compliance with this section. All actions taken under a substance use testing program must comply with this subchapter, rules adopted under this subchapter and the employer’s written policy approved under section […]
§684. Imposition of tests 1. Testing of applicants. An employer may require, request or suggest that an applicant submit to a substance use test only if: A. The applicant has been offered employment with the employer; or [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] B. The […]
§685. Action taken on substance use tests Action taken by an employer on the basis of a substance use test is limited as provided in this section. [PL 2017, c. 407, Pt. A, §109 (AMD).] 1. Before receipt of test results. An employer may suspend an employee with full pay and benefits or may […]
§686. Review of written policies 1. Review required. The Department of Labor shall review each written policy or change to an approved policy submitted to the department by an employer under section 683, subsection 2. A. The department shall determine if the employer’s written policy or change complies with this subchapter and shall immediately […]
§687. Rulemaking 1. Department of Health and Human Services. The Department of Health and Human Services shall adopt rules under the Maine Administrative Procedure Act as provided in this subchapter. [PL 2011, c. 657, Pt. AA, §73 (AMD).] 2. Department of Labor. The Department of Labor shall adopt rules under the Maine Administrative Procedure […]
§688. Substance use education All employers shall cooperate fully with the Department of Labor, the Department of Health and Human Services, the Department of Public Safety and any other state agency in programs designed to educate employees about the dangers of substance use and about public and private services available to employees who have substance […]
§689. Violation and remedies This section governs the enforcement of this subchapter. [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] 1. Remedies. Any employer who violates this subchapter is liable to any employee subjected to discipline or discharge based on that violation for: A. An amount equal […]
§690. Report The Department of Labor shall report to the joint standing committee of the Legislature having jurisdiction over labor matters on March 1, 1990, and annually on that date thereafter. This report shall: [PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).] 1. List of employers. List those […]
