An Act To Standardize and Simplify the Process for Employers To Provide a Drug-free Workplace
Maine Legislature, Session 126, LD 1669
Committee Amendment CA_A_S440 (Senate)
Amends: 26 MRSA §683

COMMITTEE AMENDMENT ".A " to S.P. 664, L.D. 1669, Bill, "An Act To 
Standardize and Simplify the Process for Employers To Provide a Drug-free Workplace" 
Amend the bill in Part A in section 4 in subsection 2 in the 2nd line (page 1, line 28 
in L.D.) by inserting after the following: "establish" the following: 'by rule pursuant to 
subsection 11' 
Amend the bill in Part A by inserting after section 7 the following: 
'Sec. A-8. 26 MRSA §683, sub-§l1, as enacted by PL 1989, c. 536, §§ 1 and 2 
and affected by c. 604, §§2 and 3 and amended by PL 2003, c. 689, Pt. B, §6, is further 
amended to read: 
11. Rules. The Department of Health and Human Services shall adopt any rules 
under section 687 regUlating substance abuse testing procedures that it finds necessary or 
desirable to ensure accurate and reliable substance abuse testing and to protect the 
privacy rights of employees and applicants. The Commissioner of Labor shall establish 
the model policy pursuant to subsection 2 by major substantive rule pursuant to Title 5, 
chapter 375, subchapter 2-A. 
Subsequent rules governing the model policy may be 
adopted jointly by the Department of Labor and the Department of Health and Human 
Services: those subsequent rules are routine technical rules pursuant to Title 5, chapter 
375, subchapter 2-A.' 
Amend the bill in Part B by striking out all of section 1 and inserting the following: 
'Sec. B-1. 
Model policy established; major substantive rule. The 
Commissioner of Labor shall establish a statewide drug-free workplace model policy, as 
required by the Maine Revised Statutes, Title 26, section 683, subsection 2 and as 
developed by the task force pursuant to section 2 of this Pati, by major substantive rule 
pursuant to Title 5, chapter 375, subchapter 2-A by July 1,2015. 
Sec. B-2. Task force established. The Drug-free Workplace Model Policy Task 
Force is established to develop a statewide drug-free workplace model policy to be 
established in rule by the Commissioner of Labor pursuant to section 1 of this Patio This 
policy must be developed through consensus-based rule making pursuant to the Maine 
COMMITTEE AMENDMENT 
'\ 
COMMITTEE AMENDMENT "An to S.P. 664, L.D. 1669 
Sec. B-2. Task force established. The Drug-free Workplace Model Policy Task 
Force is established to develop a statewide drug-free workplace model policy to be 
established in rule by the Commissioner of Labor pursuant to section 1 of this Part. This 
policy must be developed through consensus-based rulemaking pursuant to the Maine 
Revised Statutes, Title 5, section 8051-B. 
The task force is composed of the 
Commissioner of Health and Human Services or the commissioner's designee, a 
representative from the Department of Labor, a representative from the Department of 
Health and Human Services and the following members, appointed by the Commissioner 
of Labor: 
1. 
One representative from a statewide business organization, such as the 
Manufacturers Association of Maine or the Maine State Chamber of Commerce; 
2. One representative from organized labor; 
3. One representative from a business with a drug-testing policy; 
4. One representative from a workers' compensation insurance provider; 
5. One representative from the Maine Hospital Association; 
6. One human resources professional or one representative from a human resources 
organization in the State; and 
7. One representative from a drug-testing laboratory in the State.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment changes the bill by creating a task force to develop a statewide drug-
free workplace model policy. The model policy developed by the task force must be 
established by the Commissioner of Labor by major substantive rule by July 1,2015, with 
the Department of Labor and the Department of Health and Human Services subsequently 
permitted to jointly adopt further routine technical rules. 
COMMITTEE AMENDMENT 
Approved: 03/18/14 ;::w-ac 
LD 1669 
LR 2558(02) 
An Act To Standardize and Simplify the Process for Employers To Provide a Drug-free Workplace 
Fiscal Note for Bill as Amended by Committee Amendment '.:4" (S :..l/4D) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional costs to the Department of Labor and the Depmiment of Health and Human Services are expected to be 
minor and can be absorbed utilizing existing budgeted resources. 
LR2558(02) - Fiscal Note - Page 1 of 1