Maine Labor Department Seeks Employer Feedback on Drug Testing Law

Author: Marta Moakley, XpertHR Legal Editor

August 7, 2014

Maine employers interested in providing feedback on the state's regulations regarding employee drug testing should participate in a survey being administered by the Maine Department of Labor (MDOL). The request for feedback follows the recent defeat of legislation purporting to standardize and simplify the process for employers to provide a drug-free workplace. The results may dictate a future course for Maine drug testing law, which some view as cost-prohibitive for smaller employers seeking to implement drug-testing policies.

Under current law, Maine employers may test applicants or employees for substance abuse only if implementing a drug testing plan previously approved by the Bureau of Labor Standards. The mandated costs associated with the current process may deter many small- and medium-sized employers from implementing such a policy.

At this time, a Maine employer may not engage in probable-cause testing for a single work-related accident (making Maine the only state not to allow such testing). In addition, Maine employers of more than 20 full-time employees must pay for any employee assistance program or uncovered drug rehabilitation costs.

In a press release, Governor Paul R. LePage addressed employer challenges: "Employers are struggling with issues related to substance use and abuse in the workplace. Our labor laws should provide clarity and support safety for workers and customers." While expressing disappointment that lawmakers did not pass legislation that would have addressed employer concerns, Governor LePage insists that the MDOL "wants to make the right changes to ensure that employers and their customers, other employees and equipment are protected from dangerous situations."

The MDOL has solicited participation from various stakeholders, including:

  • Employers currently implementing drug-testing policies;
  • Insurance providers; and
  • Interested parties such as medical marijuana organizations and providers.

Those interested in taking the survey should contact Mark Dawson of the Bureau of Labor Standards for more information. The survey will be available online through this Friday, August 15.