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
(tetrahydrocannabinol and/or 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 (tetrahydrocannabinol and/or 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 (tetrahydrocannabinol and/or
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 no later than four minutes after
voiding, measure 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 tamperproof 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 logbook 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 at the time the sample is
taken 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.
C. All non-negative specimens must be
retained in the original containers in secure storage at appropriate
temperature for preservation for at least 12 months. Should legal challenge
occur, the specimen will be retained throughout the period of resolution of the
challenge. All negative samples must be retained for a minimum of three days
after testing.
D. No employer may
perform any substance use test administered to any of that employer's
employees. As provided by law, employers may perform screening tests on their
own applicants, provided the employer's testing facility complies with the
requirements in Section
4 of this rule, in accordance with
required statutory employment practices within
26 MRS
§683(6).
