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 144-265-2 - COLLECTION AND STORAGE OF SAMPLES
Universal Citation: 10 ME Code Rules ยง 144-265-2
Current through 2024-38, September 18, 2024
A. For all testing allowed under this rule, the specimen to be collected must be the employee's or applicant's urine, oral fluids, hair or sweat, except that, as provided by 26 MRS §683(5), employees may request that a blood sample be collected for testing for alcohol and cannabis metabolites, provided that a laboratory is available to the employer or applicant which is in compliance with all other sections of this rule concerning laboratories, and which offers testing for alcohol or cannabis metabolites in compliance with this rule. If such a blood sample is requested, the employer may not test any other sample for alcohol or cannabis metabolites.
1. The collection of any sample for use in a
substance use test must be conducted in a medical facility and supervised by a
physician licensed under 32 MRS chapter 36 or 48, or a nurse licensed under 32
MRS chapter 31. A medical facility includes a first aid station located at the
work site.
2. An employer may not
require an employee or applicant to remove any clothing for the purpose of
collecting a urine sample, except that an employer may require that an employee
or applicant leave any personal belongings other than clothing, and any
unnecessary coat, jacket or similar outer garments outside the collection
area.
3. No employee or applicant
may be required to provide a urine sample while being observed, directly or
indirectly, by another individual.
4. Urine samples must be collected in new,
clean containers manufactured for the purpose of urine collection. If the
employer's policy calls for specimen assessment, the person in charge of
collection, may, in the presence of the test subject, measure the temperature
of the specimen within three minutes of voiding and the pH of the specimen, and
evaluate the color and odor of the specimen. The container must be sealed and
labeled immediately after collection and specimen assessment in a manner which
will prevent or reveal tampering with the specimen. Seals must cover the cap
and extend over the sides of the container and be initialed by the employee or
applicant being tested. The specimen container must be clearly and indelibly
labeled with the date and time of collection and the name or other identifier
associated with the person from whom the specimen was obtained. Sealing and
labeling must occur under the observation of the employee or applicant being
tested.
5. Blood specimens, where
allowed, must be collected in new vacuum-activated blood collection tubes, with
such preservatives as may be specified by the testing laboratory, and must be
sealed with tamper proof seals, covering the cap and extending over the sides
of the container. Blood samples must be collected by a qualified person in
accordance with
26 MRS
§683(5)(B). Each
specimen container must be clearly and indelibly labeled with the date and time
of collection and the name or other identifier associated with the person from
whom the specimen was obtained. Sealing and labeling must occur under the
observation of the employee or applicant being tested.
6. Oral fluid specimens must be collected in
new, clean containers manufactured for the purpose of oral fluid collection.
The container must be sealed and labeled immediately after collection in a
manner that will prevent or reveal tampering with the specimen. Seals must
cover the cap and extend over the sides of the container and be initialed by
the employee or applicant being tested. The specimen container must be clearly
and indelibly labeled with the date and time of collection and the name or
other identifier associated with the person from whom the specimen was
obtained. Sealing and labeling must occur under the observation of the employee
or applicant being tested.
7. Hair
specimens must be collected in new, clean containers manufactured for the
purpose of hair specimen collection. The container must be sealed and labeled
immediately after collection in a manner that will prevent or reveal tampering
with the specimen. Seals must cover the top of the container and extend over
the sides of the container and be initialed by the employee or applicant being
tested. The specimen container must be clearly and indelibly labeled with the
date and time of collection and the name or other identifier associated with
the person from whom the specimen was obtained. Sealing and labeling must occur
under the observation of the employee or applicant being tested. Hair specimens
must be collected using head hair, unless head hair is not available or is not
at least one and a half inches long. In those cases, a urine specimen must be
collected.
8. Sweat patch specimens
must be collected using a patch that has been specifically manufactured for
sweat specimen collection. The sweat patch must be sealed within a container
and labeled immediately after collection in a manner that will prevent or
reveal tampering with the specimen. Seals must cover the top of the container
and extend over the sides of the container and be initialed by the employee or
applicant being tested. The specimen container must be clearly and indelibly
labeled with the date and time of collection and the name or other identifier
associated with the person from whom the specimen was obtained. Sealing and
labeling must occur under the observation of the employee or applicant being
tested.
B. Immediately upon collection of each sample, a chain of custody record must be established for that sample, indicating the identity of each person having control over the sample and the times and dates of all transfers or other actions pertaining to the sample. If warranted due to the volume of testing, chain of custody records may be maintained in a log book or other custody form for multiple specimens, provided the identity of each specimen can be documented.
1. Samples must be transported or shipped
promptly to the testing laboratory in a secure fashion, so as to prevent
tampering.
2. At the request of the
employee or applicant, a portion of the sample collected, sealed and labeled in
accordance with this rule, must be segregated for that person's own testing.
This sample must be stored and chain of custody must be maintained as provided
above. If the employer does not have the capability to store segregated samples
for the necessary time period, such storage may be arranged with the licensed
testing laboratory performing the employer's analyses, provided that all chain
of custody and security requirements are otherwise met. Within five days after
notice of the test results is given to the employee or applicant, the employee
or applicant must notify the employer of the testing laboratory selected for
that person's own testing. The laboratory so selected must comply with all the
requirements of this rule relating to testing laboratories. The employer or the
employer's laboratory must promptly send the segregated portion of the specimen
to the selected laboratory, subject to the same chain of custody and security
requirements as observed for the employer's specimen.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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