An Act To Remove the Requirement That Employers Offer Substance Abuse Services to Employees Who Fail Drug Tests
Maine Legislature, Session 125, LD 1241
Committee Amendment CA_A_H287 (House)
Amends: 26 MRSA §681

COMMITTEE AMENDMENT ,f) " to H.P. 932, L.D. 1241, Bill, "An Act To 
Remove the Requirement That Employers Offer Substance Abuse Services to Employees 
Who Fail Drug Tests" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Exempt Employers Subject to Federally Mandated Drug and Alcohol 
Programs from Maine Substance Abuse Program Laws' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRSA §681, sub-§8, as amended by PL 1995, c. 324, §2, is further 
amended to read: 
8. Nuclear power plants; federal law. The following limitations apply to the 
application of this subchapter. 
A. 
This subchapter does not apply to nuclear electrical generating facilities and 
their employees, including independent contractors and employees of independent 
contractors who are working at nuclear electrical generating facilities. 
B. This subchapter, except for section 685, subsection 2 and section 689, subsections 
and 4, does not apply to ell1f:lloyees subject to substance abuse testing under any 
federal la'll or regulation or under rules adopted by the Department of Public Safety 
that incorporate any federal la'lls or regulations related to substance abuse testing for 
motor carriers. 
This exception does not prevent the negotiation of collective 
bargaining agreements that provide greater protection to ell1f:lloyees as long as the 
agreements are consistent ",lith federal la'll. 
(1) For the purposes of applying section 685, subsection 2 to an employee under 
this paragraph, the employee is deemed to have previously vlorked in an 
ell1f:lloyment position subject to random or arbitrary testing under an employer's 
written policy. 
COMMITTEE AMENDMENT 
~o~s 
II 
COMMITTEE AMENDMENT "H" to H.P. 932, L.D. 1241 
C. This subchapter does not apply to any employer subject to a federally mandated 
drug and alcohol testing program, including, but not limited to, testing mandated by 
the federal Omnibus Transportation Employee Testing Act of 1991, Public Law 102-
143, Title V, and its employees, including independent contractors and employees of 
independent contractors who are working for or at the facilities of an employer who 
is subject to such a federally mandated drug and alcohol testing program. 
Sec. 2. Report. The Department of Labor, Bureau of Labor Standards shall submit 
a report that includes its findings and recommendations by January 15,2012 to the Joint 
Standing Committee on Labor, Commerce, Research and Economic Development 
regarding the simplification and streamlining of the Maine Revised Statutes, Title 26, 
chapter 7, subchapter 3-A. The report and recommendations must include, among other 
topics, consideration of the following: 
1. 
Initiating substance abuse testing when an employee causes a work-related 
accident that results in property damage, personal injury or loss of life or a citation or 
summons being issued to the employee by a law enforcement officer; 
2. 
Submitting supervisory personnel to substance abuse testing on a random or 
arbitrary basis when an employer requires, requests or suggests that other employees be 
tested; and 
3. Eliminating the requirement that an employer provide an opportunity and pay for 
an employee to participate in an assistance program when the employee has received Ii 
confirmed positive result on a substance abuse test. 
The joint standing committee is authorized to introduce a bill related to the bureau's 
report to the Second Regular Session of the 125th Legislature.' 
SUMMARY 
This amendment replaces the bilL It allows an employer subject to a federally 
mandated substance abuse testing program to extend its United States Department of 
Transportation mandated program to its entire workforce and its independent contractors. 
It allows such employers to have the same substance abuse policy for all employees and 
independent contractors. The amendment directs the Department of Labor, Bureau of 
Labor Standards to submit a report to the Joint Standing Committee on Labor, 
Commerce, Research and Economic Development by January 15, 2012 with 
recommendations on simplifying and streamlining the labor laws dealing with substance 
abuse testing. The joint standing committee is authorized to introduce a bill related to the 
report to the Second Regular Session of the 125th Legislature. 
FISCAL NOTE REQL [RED 
!See attache~). 
COMMITTEE AMENDMENT 
Approved: 05!l71l1 
~ac 
LD 1241 
LR 288(02) 
An Act To Remove the Requirement That Employers Offer Substance Abuse Services to Employees 
Who Fail Drug Tests 
Fiscal Note for Bill as Amended by Committee Amendment 'ft' 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Bureau of Labor Standards within the Department of Labor associated with submitting the 
required report can be absorbed within existing budgeted resources. Assumes the State of Maine would not exercise 
the option to extend alcohol and drug testing to all employees as allowed in this bilL 
LR0288(02) - Fiscal Note - Page I of I