Maine Drug Testing Laws

Covered Employers

Public & private employers

Applicant Testing

  • Applicant testing authorized if an applicant has been offered employment or position on a roster of eligibility
  • Grounds for not hiring: positive result, refusal to get tested

Employee Testing

  • Authorized testing:
    • reasonable suspicion not based solely on an occurrence of an accident
    • random testing
    • return to work after positive test
    • safety-sensitive jobs
    • pursuant to a collective bargaining agreement
  • Positive result: Employee may be referred for counseling or treatment
  • Discipline or discharge authorized for refusal to submit to test, subsequent positive result, or failure to complete treatment

Conditions & Methods

  • Written policy provided for testing by a certified laboratory, sample collection by nurse or doctor in a medical facility
  • Confirming test in case of a positive result
  • 3-day period to explain or contest findings
  • Option to provide blood rather than a urine sample
  • Before testing, employers of 25 or more must make suitable arrangements with a certified employee assistance program