Code of Maine Rules
12 - DEPARTMENT OF LABOR
170 - BUREAU OF LABOR STANDARDS
Chapter 7 - RULES RELATING TO SUBSTANCE ABUSE TESTING
Section 170-7-2 - EMPLOYEE CONSULTATION AND EMPLOYEE AND APPLICANT NOTIFICATION REQUIREMENTS
Current through 2024-38, September 18, 2024
A. An employer shall consult with the employer's employees in the development of any section of a substance abuse testing policy and/or amendment which refers to employee testing. Consult means a two-way communication between the employer and the employees regarding the proposed substance abuse testing policy. A committee formed to develop a random or arbitrary testing program under part 3 (CC) does not meet this requirement except as it regards the random or arbitrary program.
B. An employer shall give, at the time of its submission, individual written notice to employees that it has submitted a substance abuse testing policy and/or amendment to the Department for review. The notice must inform employees that they may submit written comments to the Department, as well as where and how an employee may review the proposed policy if not provided with the notice. The notice must inform employees of the manner and time frame in which they may comment to the Department and must display prominently the address of the Department. This requirement covers all policies even those which do not in any way pertain to employees.
C. An employer whose policy includes employee testing shall provide each employee with a copy of the written policy approved by the Department at least 30 days before the policy takes effect.
D. An employer whose amendment includes employee testing shall provide each employee with a copy of the written amendment approved by the Department at least 60 days before the amendment takes effect.
E. An employer shall provide a copy of the approved written policy to applicants before administering a substance abuse test. At a minimum, each applicant must be notified in writing at the time of application that they may be subject to a substance abuse test if selected for employment or placed on a roster, as well as where they may review the statute and the employer's written policy.
F. Nothing in this section is meant to inhibit additional methods of applicant and/or employee involvement.
