Generally speaking, there are two kinds of drug testing policies in Maine: applicant and employee. Applicant policies are used to screen job candidates who have been offered a position contingent upon passing a drug test. Employee policies apply for testing of people who are already active employees.
Applicant policies submitted using the model policies can be approved by the Department of Labor within a week, and the submitting organization can test immediately upon receiving notification of approval.
Employee Testing Policies
Employee testing policies are more involved; the main difference is that the employer must engage the employees in the policy formulation process. Prior to submitting an employee policy to the Department for approval, the employer must:
- Consult with employees in the development of any section of the employee testing policy.
- Give individual written notice to employees that it has submitted a testing policy to the Department of Labor for review, including information about both where and how an employee may review the proposed policy and that they may submit written comments to the Department of Labor.
- Inform employees of how and when they may comment to the Department of Labor and display prominently the address of the department.
- Employees must be given a minimum of 10 days to comment directly to the Department of Labor.
Once the policy is approved, employees must be provided with a copy of the approved policy at least 30 days before the policy takes effect. In addition, if the employer has more than 20 full-time employees, it must have an Employee Assistance Program approved by the Department of Health and Human Services.