Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 265 - Substance Use Testing For The Workplace Rule
Section 144-265-1 - PURPOSE AND DEFINITIONS
Universal Citation: 10 ME Code Rules ยง 144-265-1
Current through 2024-38, September 18, 2024
A. Purpose. This rule is intended to ensure that employees and applicants receive reliable and accurate testing and ensure that privacy rights are protected.
B. Definitions. Definitions in this rule are in addition to definitions in the governing statute. As used in this rule, unless otherwise indicated, the following terms have the following meanings:
1.
Applicant means any person
seeking employment from an employer. The term includes any person using an
employment agency's services.
2.
Confirmed positive result means a result of a confirmation test,
as defined in Section
1(B)(7)(b) of this
rule, that indicates the presence of a substance of use in accordance with the
laboratory protocols at or above the cutoff level.
3.
Employee means a person who
is permitted, required or directed by any employer to engage in any employment
for consideration of direct gain or profit.
4.
Employer means any person,
partnership, corporation, association or other legal entity, public or private,
that employs one or more employees. The term also includes an employment
agency.
5.
Negative test
result means a test result that indicates that:
a. A substance of use is not present in the
tested sample; or
b. A substance of
use is present in the tested sample in a concentration below the cutoff
level.
6.
Non-negative test result means a test result that indicates the
presence of a substance of use in the tested sample at or above the cutoff
level of the test.
7.
Substance use test means any test procedure designed to take and
analyze body fluids or materials from the body for the purpose of detecting the
presence of substances of use. The term does not include tests designed to
determine blood alcohol concentration levels from a sample of an individual's
breath.
a.
Screening test means
an initial substance use test performed through the use of immunoassay
technology, chromatography, mass analysis, enzymatic technology (for blood
alcohol), or a test technology of similar or greater accuracy and reliability
approved by the Department as specified in this rule. Section
4(H), and which is
used as a preliminary step in detecting the presence of substances of
use.
b.
Confirmation
test means a second substance use test performed on a separate aliquot
of a specimen to identify and quantify a specific drug or drug metabolite and
verify the presence of a substance of use indicated by an initial non-negative
test result. A confirmation test uses gas chromatography/mass spectrometry or
liquid chromatography/mass spectrometry, except that blood alcohol will be
confirmed using gas chromatography.
8.
Substance of use means any
scheduled drug, alcohol or other drug, or any of their metabolites. For the
purpose of this rule, the testing for and detection of cannabis (also referred
to as marijuana), cannabinoid or cannabis metabolite is specific to the
psychoactive component tetrahydrocannabinol (THC).
a.
Alcohol has the same meaning
as found in
28-A
MRS §2(2)
b.
Drug has the same meaning as
found in 32 MRS §
13702-A(n),
c.
Scheduled drug has the same
meaning as found in
17-AMRS§1101(11).
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