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Workplace Drug Testing Laws for Maine

  • Published: 12/19/2022
  • Updated: 12/19/2022

If an employer wishes to implement a drug testing policy it must follow Maine’s drug testing laws.

The statute neither requires or encourages drug testing in the workplace but it is in place to protect the rights of employees while allowing employers to administer tests.

The statute is also geared to ensure that employees with substance abuse problems are given the opportunity for rehabilitation and can return to work as quickly as possible.

The authorizing statute is very specific in many areas; therefore, it is required that the employer use both the statute and the Department of Labor and Human Services’ rules in developing a policy. Maine has also implemented an Administrative Code that runs parallel to the main statute.

The Code encourages employers to write the policy as a narrative and sets guidelines on what to include. Medical Marijuana and Recreational Marijuana are legal in the state.

However, employers do not have to accommodate such use. Due to its recent enactment, there is barely any case law that addressed the issue of outside conduct and the workplace.