Summary of Law(s) and Regulation(s):
There is a comprehensive statute which governs workplace drug testing in Maine. There are restrictions on all types of testing and specific requirements that must be met with regard to drug testing procedures. All substance abuse programs must be approved by the Maine Department of Labor. Prior to conducting any type of drug testing, the employer must provide an employee assistance program or participate in an EAP consortium. Maine Rev. Stat. Ann. Tit. 26, 681-690 (Supp. 2005) [note: to see sequential sections of the Code, change the number at the end of the URL in your browser address field] http://janus.state.me.us/legis/statutes/26/title26sec681.html The State Employment Practices Law regarding testing for substance abuse among temporary workers was amended. The use of consent forms is prohibited. An employer may not require, request, or suggest that any employee or applicant for employment sign or agree to any form or agreement that attempts to (1) absolve the employer from any liability that may arise out of the imposition of the substance abuse test or (2) waive an employee's or applicant's rights, or eliminate or diminish an employer's obligation, under the State Revised Statutes Annotated, except as provided by State statute. An employment agency, as defined by State statute, may request a written waiver for a temporary placement from an individual already in its employ or on a roster of eligibility, as long as the client company has an approved substance abuse testing policy and the individual has not been assigned work at the client company in the 30 days previous to the request. The test must otherwise comply with both State standards and the employment agency's approved policy regarding applicant testing. The agency may not take adverse action against the individual for refusal to sign a waiver.