Maine Memo to All Employees Regarding Drug Testing
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FAQ
Yes, employers must report follow-up drug test results to the Clearinghouse as mandated by the Maine Memo to All Employees Regarding Drug Testing. This requirement helps ensure accountability and provides necessary information for regulatory compliance. Reporting these results enhances workplace safety and integrity. If you need guidance on how to manage this process, US Legal Forms offers resources that can assist you.
Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.
Under the new rule, post-accident drug-testing is okay only if there is an objectively reasonable basis. According to OSHA, this can include situations where employee drug use is likely to have contributed to the incident, and/or when the drug test can accurately identify impairment caused by drug use.
Drug testing is effective in preventing accidents, health issues and costs, absenteeism, and litigation, he said, noting that screening can also protect employees from injury and improve productivity.
MaineHealth, the state's largest private employer with about 22,000 employees, conducts pre-employment drug screening, but as of November 2019, the panel no longer includes a test for THC. The change was made in light of evolving state law, spokesman John Porter said.
In Maine, an employer is not required to drug test, but they are certainly within their legal right to do so. In order to drug test employees, all an employer has to do is establish a Department of Labor approved drug test policy.
The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.
Generally speaking, there are two kinds of drug testing policies in Maine: applicant and employee. Applicant policies are used to screen job candidates who have been offered a position contingent upon passing a drug test. Employee policies apply for testing of people who are already active employees.
Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.
Yes. Section 1904.35(b)(1)(iv) prohibits an employer from taking adverse action against employees simply because they report work-related injuries. Rather, employers must have a legitimate business reason for requiring a drug test, such as a reasonable belief that drug use contributed to the injury.
