Code of Maine Rules
12 - DEPARTMENT OF LABOR
170 - BUREAU OF LABOR STANDARDS
Chapter 7 - RULES RELATING TO SUBSTANCE ABUSE TESTING
Section 170-7-5 - AMENDMENT OR DISCONTINUANCE OF APPROVED PROGRAM

1. The same procedures that govern the establishment of a substance abuse testing policy will apply to amending an existing approved program except as provided for below.

2. The employer must wait a minimum of sixty (60) days after employees are notified as required by statute and these rules to start testing under the amendment. Testing of applicants may commence at any time after an amendment has been approved.

3. Approved policies will need to comply with statutory or regulatory changes prior to the effective dates of such changes through amendments as appropriate.

4. Employers with approved policies must notify the Department of any changes In EAP services, sample collection and/or testing facilities used. Notification must include certification of the new service provider(s) from the Department of Human Services. If the services, methods, or practices as described in the policy remain unchanged, the change of service provider(s) does not constitute an amendment. If described services, methods, or practices are changed, an amendment is needed.

5. Changes to job titles or classifications used in a policy which do not change the testing status of an employee do not constitute an amendment. Any changes which change the testing status of any employee will be considered an amendment.

6. Changes of address or of the company contact person(s) do not constitute an amendment, although policies must be revised and the Department notified.

1. An employer shall notify the Department and employees In writing if it chooses to discontinue an approved substance abuse testing policy. The notice must include the effective date.

2. The Department shall withdraw approval for any discontinued policy.

3. Discontinuance of a portion of a policy will be treated as an amendment.