An Act To Improve Workplace Safety by Simplifying and Improving Employers' Substance Abuse Policy Requirements
Maine Legislature, Session 127, LD 1384
Committee Amendment CA_A_H624 (House)
Amends: 26 MRSA §682, 26 MRSA §683, 26 MRSA §684, 26 MRSA §685, 26 MRSA §686

COMMITTEE AMENDMENT "A" to H.P. 937, L.D. 1384, Bill, "An Act To 
Improve Workplace Safety by Simplifying and Improving Employers' Substance Abuse 
Policy Requirements" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRSA §682, sub-§2, ,ill is enacted to read: 
B. "Employee" also includes a temporary employee, provided by an employment 
agency, performing work under the direct supervision of the employer. 
Sec. 2. 26 MRSA §682, sub-§3, as enacted by PL 1989, c. 536, §§1 and 2 and 
affected by c. 604, §§2 and 3, is amended to read: 
3. Employer. "Employer" means any person, partnership, corporation, association 
or other legal entity, public or private, that employs one or more employees or temporary 
employees if those temporary employees are under the person's or entity's direct 
supervision. Tee tefftl a-lso iB.emaes ae. emalo•;meB.t ae:eB.61,r. 
Sec. 3. 26 MRSA §682, sub-§§3-B and 3-C are enacted to read: 
3-B. Legitimate medical explanation. "Legitimate medical explanation" means an 
explanation provided by an employee that justifies a positive result on a test for a 
substance. This may include, but is not limited to, use of a substance that was legally 
obtained in a foreign country, use of a controlled substance with a prescription, legal use 
of medical marijuana pursuant to Title 22, chapter 558-C or any other explanation that in 
the professional judgment of the medical review officer constitutes a legitimate medical 
use of a tested-for substance. 
3-C. Medical review officer. "Medical review officer" means a person who is a 
licensed physician knowledgeable of, and with clinical experience in, controlled 
substance abuse disorders, substance abuse testing and causes of invalid test results, who 
is responsible for receiving and reviewing laboratory results generated by an employer's 
drug testing program and evaluating medical explanations for certain drug test results. 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" A,, to H.P. 937, L.D. 1384 
"Medical review officer" may include a person qualified to serve as a medical review 
officer under federal drug testing laws as long as that person meets the requirements of 
this subsection. 
Sec. 4. 26 MRSA §682, sub-§6-A is enacted to read: 
6-A. Random testing. "Random testing" means a method of selecting those to be 
tested in which all persons potentially to be tested have an equal probability of selection 
by chance. 
Sec. 5. 26 MRSA §682, sub-§7, ,re, as enacted by PL 2009, c. 133, §1, is 
amended to read: 
C. 
"Federally recognized substance abuse test" means any substance abuse test 
recognized by the federal Food and Drug Administration as accurate and reliable 
through the administration's clearance or approval process or a substance abuse test 
conducted in accordance with mandated guidelines for federal work;place drug testing 
programs or with protocols and levels established by the United States Department of 
Health and Human Services, Substance Abuse and Mental Health Services 
Administration. 
Sec. 6. 26 MRSA §683, first ,r, as enacted by PL 1989, c. 536, §§1 and 2 and 
affected by c. 604, §§2 and 3, is amended to read: 
Ne An employer may not require, request or suggest that any employee or applicant 
submit to a substance abuse test except in compliance with this section. All actions taken 
under a substance abuse testing program shall must comply with this subchapter, rules 
adopted under this subchapter and the efflflloyer's wmtea uniform substance abuse testing 
policy &flflro:r,red liRder seetioa 686 developed by the Department of Labor pursuant to 
subsection 2. 
Sec. 7. 26 MRSA §683, sub-§2, as amended by PL 2009, c. 133, §2, is further 
amended to read: 
2. Uniform substance abuse testing policy. Before estaelishmg aB:y Slfflst&aee 
aeuse test-iag flFOgra.m, aa emflloyer must EleYel0fl or, as re(fl:iii=ed m seetioa 684, 
sueseetioa 3, flar&graf)h C, must &flflOHlt aa emflloyee eoHlmit,tee to Ele>,rel0fl a •.vritteft 
flOliey ia eomflliaaee w#h this stfflehaflter flrO'l46Hlg for, On or before January 1, 2017, 
the Department of Labor shall adopt by rule a uniform substance abuse testing policy for 
adoption by employers. Before establishing any new substance abuse testing program or 
reactivating an inactive substance abuse testing policy after January 1, 2017, an employer 
shall notify the department that the employer has adopted the uniform substance abuse 
testing policy as set forth in department rules and certify that it will carry out all 
substance abuse testing activities that are not regulated by the Federal Government in 
accordance with that policy. Any employer with an active substance abuse testing policy 
approved prior to Janua:ry 1, 2017 may continue to operate under that policy but shall 
certify to the department by no later than January 1, 2018 that the employer has adopted 
the uniform substance abuse testing policy. The uniform substance abuse testing policy 
adopted by the de.partment must provide at a minimum: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 937, L.D. 1384 
A. 
The procedure and consequences of an employee's voluntary admission of a 
substance abuse problem and any available assistance, including the availability and 
procedure of the employer's employee assistance program; 
B. When substance abuse testing may occur. The WEtteft policy must describe: 
(1) Which positions, if any, will be subject to testing, including any positions 
subject to random or arbitrary testing under section 684, subsection 3. For 
applicant testing and probable cause testing of employees, an employer may 
designate that all positions are subject to testing; and 
(2) The procedure to be followed in selecting employees to be tested on a 
random or arbitrary basis under section 684, subsection 3; 
C. +he For the collection of samples. 
(1) The collection of any sample for use in a substance abuse test must be 
conducted in a medical facility and supervised by a licensed physician or nurse. 
A medical facility includes a first aid station located at the work site. 
(2) An employer may not require an employee or applicant to remove any 
clothing for the purpose of collecting a urine sample, except that: 
(a) 
An employer may require that an employee or applicant leave any 
personal belongings other than clothing and any unnecessary coat, jacket or 
similar outer garments outside the collection area; or 
(b) If it is the standard practice of an off-site medical facility to require the 
removal of clothing when collecting a urine sample for any purpose, the 
physician or nurse supervising the collection of the sample in that facility 
may require the employee or applicant to remove theif clothing. 
(3) Ne An employee or applicant may not be required to provide a urine sample 
while being observed, directly or indirectly, by another individual. 
(4) The employer may take additional actions necessary to ensure the integrity of 
a urine sample if the sample cpllector or testing laboratory determines that the 
sample may have been substituted, adulterated, diluted or otherwise tampered 
with in an attempt to influence test results. 
The Department of Health and 
Human Services shall adopt rules governing when those additional actions are 
justified and the scope of those actions. These rules may not permit the direct or 
indirect observation of the collection of a urine sample. If an employee or 
applicant is found to have twice substituted, adulterated, diluted or otherwise 
tampered with the employee's or applicant's urine sample, as determined under 
the rules adopted by the department, the employee or applicant is deemed to have 
refused to submit to a substance abuse test. 
( 5) If the employer proposes to use the type of screening test described in section 
682, subsection 7, paragraph A, subparagraph (1), the emf)leyer's policy must 
include: 
(a) Procedures to ensure the confidentiality of test results as required in 
section 685, subsection 3; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~ " to H.P. 937, L.D. 1384 
(b) Procedures for training persons performing the test in the proper manner 
of collecting samples and reading results, maintaining a proper chain of 
custody and complying with other applicable provisions of this subchapter; 
D. '.!he Procedures for the storage of samples before testing sufficient to inhibit 
deterioration of the sample; 
E. The chain of custody of samples sufficient to protect the sample from tampering 
and to verify the identity of each sample and test result; 
F. 
The substances of abuse to be tested for. If marijuana is one of the tested-for 
substances, the policy must provide the procedure, if any, for establishing 
certification for approved use of medical marijuana; 
G. The cutoff levels for both screening and confirmation tests at which the presence 
of a substance of abuse in a sample is considered a confirmed positive test result. 
(1) Cutoff levels for confirmation tests for marijuana may not be lower than 15 
nanograms of delta-9-tetrahydrocannabinol-9-carboxylic acid per milliliter for 
urine samples. 
(2) The Department of Health and Human Services shall adopt rules under 
section 687 regulating screening and confirmation cutoff levels for other 
substances of abuse, including those substances tested for in blood samples under 
subsection 5, paragraph B, to ensure that levels are set within known tolerances 
of test methods and above mere trace amounts. An employer may request that 
the Department of Health and Human Services establish a cutoff level for any 
substance of abuse for which the department has not established a cutoff level. 
(3) Notwithstanding subparagraphs (1) and (2), if the Department of Health and 
Human Services does not have established cutoff levels or procedures for any 
specific federally recognized substance abuse test, the minimum cutoff levels and 
procedures that apply are those set forth in the Federal Register, Volume 69, No. 
71, sections 3.4 to 3.7 on pages 19697 and 19698, in mandated guidelines for 
federal workplace drug testing programs or in protocols and levels established by 
the United States Department of Health and Human Services, Substance Abuse 
and Mental Health Services Administration; 
H. The consequences of a confirmed positive substance abuse test result; 
I. The consequences for refusal to submit to a substance abuse test; 
J. Opportunities and procedures for rehabilitation following a confirmed positive 
result; 
K. A procedure under which an employee or applicant who receives a confirmed 
positive result may appeal and contest the accuracy of that result. The policy must 
include a mechanism that provides an opportunity to appeal at no cost to the 
appellant; and 
L. Any other matters required by rules adopted by the Department of Labor under 
section 687. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 937, L.D. 1384 
AB empleyer m1:1st eeas1:1lt wiHl the empleyer's empleyees ia Hie develepmeat ef aBy 
pertiea ef a s1:10staiiee a&1:1Se testiftg poliey uader this S1:1Bseetiea that relates te Hie 
empleyees. The employer is aet reEf1:1ired te eoasl:llt wiHl the empleyees ea those pertieas 
ef a peliey Hiat relate ealy te applie!fflts. The empleyer shall seaa a eepy ef the fiaal 
vlrittea peliey te the Departmeat ef Laeer fer review 1:lftder seetiea 080. The employer 
m~· aet implemeat Hie f)eliey tmtil Hie Departmeat ef Laser appre·,es Hie poliey. The 
empleyer shall seBd a eopy of aay f)ropesed ehaage Hi aa appre11ed writtea peliey te the 
Depa-rtmeat ef Laeer fer re·liew 1:lftder seetiea 686. The employer may aot imf)lemeat ilie 
ehaage 1:lfttil fue Def)artmeat ef Laeer awre•,es fue ehange 
Sec. 8. 26 MRSA §683, sub-§3, as amended by PL 1995, c. 324, §5, is further 
amended to read: 
3. Copies to employees and applicants. The employer shall provide each employee 
with notice of, and an opportunity to review, a copy of the v.rrittea f)oliey appre·,ed ey Hie 
Departmeftt ef Labor ooder seetiea 080 uniform substance abuse testing policy at least 30 
days before any portion of the writteH policy applicable to employees takes effect. The 
efflf)leyer shall proviae eaea employee wi:th a eepy ef aay ehaftge Hi a v1Fi:tt0B: peliey 
appro·,red ey Hie Departmeftt ef Laeor ooder seetiea 086 at least 0Q days eefere aay 
f)orti0:8 ef the ehaage awl:ieaele te empleyees takes effeet. The Departmeat ef Laher 
may vlfti11e the 0Q day aotiee fer Hie implemeatatioa ef a:B: ameaameat eo•,eriB.g 
effif)leyees if fue ameRameHt was Reeessary te eemply ·,v-iHl Hie law er if, ia fue j1:1dgmeat 
ef the aepartmeat, the ameaameat prometes Hie Jfflff)Ose of the law aad aees aot lesseB: 
Hie preteetioa ef a:R ituf.iYia1:1al employee. If an employer intends to test an applicant, the 
employer shall provide the applicant with an opportunity to review a copy of the writtea 
uniform policy 1:lftder s1:1eseetiea 2 before administering a substance abuse test to the 
applicant. The 30-day aad 6Q day notice perieds period provided for employees under 
this subsection de does not apply to applicants. 
Sec. 9. 26 MRSA §683, sub-§4-A, as enacted by PL 2007, c. 339, §2, is amended 
to read: 
4-A. Waivers for temporary employment. An employment agency, as defined in 
section 611, may request a written waiver for a temporary placement from an individual 
already in its employ or on a roster of eligibility as long as the client company has aa 
appro,,ed adopted the uniform substance abuse testing policy in accordance with this 
subchapter and the individual has not been assigned work at the client company in the 30 
days previous to the request. The waiver is only to allow a test that might not otherwise 
be allowed under this subchapter. The test must otherwise comply with the standards of 
this subchapter and the empleymeat ageaey's appr011ed uniform policy regarding 
applicant testing. The agency may not take adverse action against the individual for 
refusal to sign a waiver. 
Sec. 10. 26 MRSA §683, sub-§5, as amended by PL 1995, c. 324, §6 and PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
5. Right to obtain other samples. At the re(f1:1est ef the employee er applieam at the 
time the test sample is taken, the employer shall, at that time: 
A. 
Segregate a portion of the sample for that f)ersea's the employee's or applicant's 
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own testing. Within 5 days after notice of the test result is given to the employee or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 937, L.D. 1384 
applicant, the employee or applicant shall notify the employer of the testing 
laboratory selected by the employee or applicant. This laboratory must comply with 
the requirements of this section related to testing laboratories. When the employer 
receives notice of the employee or applicant's selection, the employer shall promptly 
send the segregated portion of the sample to the named testing laboratory, subject to 
the same chain of custody requirements applicable to testing of the employer's 
portion of the sample. The employee or applicant shall pay the costs of these tests. 
Payment for these tests may not be required earlier than when notice of the choice of 
laboratory is given to the employer; and 
B. 
In the case of an employee, have a blood sample taken from the employee by a 
licensed physician, registered physician's assistant, registered nurse or a person 
certified by the Department of Health and Human Services to draw blood samples. 
The employer shall have this sample tested for the presence of alcohol or marijuana 
metabolites, if those substances are to be tested for under the employer's written 
policy. If the employee requests that a blood sample be taken as provided in this 
paragraph, the employer may not test any other sample from the employee for the 
presence of these substances. 
(1) The Department of Health and Human Services may identify, by rules 
adopted under section 687, other substances of abuse for which an employee may 
request a blood sample be tested instead of a urine sample if the department 
determines that a sufficient correlation exists between the presence of the 
substance in an individual's blood and its effect upon the individual's 
performance. 
(2) Ne An employer may not require, request or suggest that any employee or 
applicant provide a blood sample for substance abuse testing purposes nor may 
any employer conduct a substance abuse test upon a blood sample except as 
provided in this paragraph. 
(3) Applicants do not have the right to require the employer to test a blood 
sample as provided in this paragraph. 
Sec. 11. 26 MRSA §683, sub-§8, ,r», as enacted by PL 1989, c. 536, §§1 and 2 
and affected by c. 604, §§2 and 3, is amended to read: 
D. Every employer whose uniform policy notification is approved by the Department 
of Labor under section 686 shall annually send to the department a compilation of the 
results of all substance abuse tests administered by that employer in the previous 
calendar year. This report shall, must provide separate categories for employees and 
applicants and shall must be presented in statistical form so that no person who was 
tested by that employer can be identified from the report. The report shall, must 
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include a separate category for any tests conducted on a random or arbitrary basis 
under section 684, subsection 3. 
Sec. 12. 26 MRSA §683, sub-§8, ,iE is enacted to read: 
E. Confirmed positive substance abuse test results may be reported to the employer 
only by a medical review officer. The medical review officer shall contact the 
employee and, if necessary, the employee's physician to review each confirmed 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 937, L.D. 1384 
positive substance abuse test or any test found to be adulterated, substituted or 
otherwise invalid to determine whether there is a legitimate medical explanation for 
the result. An exchange between the employee and the medical review officer is not 
subject to doctor-patient relationship confidentiality, although the medical review 
officer must protect the confidentiality of the drug testing information as otherwise 
provided in this chapter. The medical review officer may not disclose the presence or 
absence of any physical or mental condition of the employee, the presence or absence 
of any substances other than those allowed to be tested for under Department of 
Health and Human Services laboratory testing rules or the presence or absence of any 
substance for which there is a legitimate medical explanation. A medical review 
officer may not be employed by an employer for whom the medical review officer 
reviews laboratory results, and the medical review officer shall act independently in 
canying out any testing reviews or recommendations. 
Sec. 13. 26 MRSA §684, sub-§3, 1C, as enacted by PL 2003, c. 547, §2, is 
amended to read: 
C. The employer has established a random or arbitrary testing program under this 
paragraph that applies to all employees, except as provided in subparagraph (4), 
regardless of position. 
(1) An employer may establish a testing program under this paragraph only if the 
employer has 50 or more employees who are not covered by a collective 
bargaining agreement. 
(2.) Tae writteB. f)eliey reEtl*fea l:>y seetien 683, StiBseetien 2. •uith resf)eet te a 
testing flFegram 1:Hlaer this flaragFaflh mast ee ae¥elof)ea ey a eemmittee of at 
least H) of die emf)leyer's elBf)loyees. The efflf)loyer shall af)f)Oiat memeers te 
die eoB'Hflittee from a eross seetios of emf)loyees who are eligiele to be testes. 
The eemmittee mast inelaae a meaieal f)Fefessioaal who is traiaea in f)reeeaares 
fer testiBg fer Sliestimees of al:,ase. 
If no sl:leh fleFSOB is emf)leyea by the 
emflloyer, the emJJloyer shall obtain tae serviees of saeh a JJerson to serve as a 
memeer of die eoHUBittee ereatea l:lBGer this saeflaragraflh. 
(3) The writtea flOliey ae,;elof)ea HBaer saefJa:FagF&flB. (2.) random or arbitrary 
testing program must alse require that selection of employees for testing be 
performed by a person or entity not subject to the employer's influence, such as a 
medical review officer. Selection must be made from a list, provided by the 
employer, of all employees subject to testing under this paragraph. The list may 
not contain information that would identify the employee to the person or entity 
making the selection. 
(3-A) An employer may establish a random or arbitrary testing program under 
this paragraph if the employer is reguired to test employees to retain a contract. 
An employee may sign a waiver exempting that employee from testing reguired 
for a contract if the employee acknowledges that the employee will not have an 
opportunity to work under the contract for which testing is reguired. 
(4) Employees who are covered by a collective bargaining agreement are not 
included in testing programs pursuant to this paragraph unless they agree to be 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 937, L.D. 1384 
included pursuant to a collective bargaining agreement as described under 
paragraph A. 
(5) Befere initiating a testiag program oo.der this paragrapa, tae employer ml:lst 
eetaia from tae Departmeat ef Laeor appre•1al ef tae peliey developed ey tae 
employee eoffHIBttee, as ret:J:l:lired ia seeties. €i8€i. If tae 0Hlf)leyer does B:et 
af)f)reYe of tae writtea pelie~· deYeleped ey tae emf)leyee eemm:ittee, tae 
0Hlf)leyer may aeeide ft0t te Sl:l9fflit tae f:)Oliey te tfte Sef:)artffleat ae.d Bot te 
estaelisa tae testiBg program. Tae employer may set eaaage tae '.vrittea poliey 
witael:lt af:)f:)r0•1al oftae emf)leyee eemmittee. 
(€i) Tae 0Hlf)leyer may set diseh:arge, Sl:tSf:)eBd, demote, diseif:)liae er etaerwise 
diserimmate wita regara to eempeasatieB or v,,erkiB:g eeB.ditieB:S against BR 
el'Bf)leyee fer partieipatiag er refusiag te f:)artieipate m ae. employee eemmittee 
ereatea BtifB-l:laBt te tms BQfQIB'QBft. 
Sec. 14. 26 MRSA §685, sub-§2, ,A, as amended by PL 1995, c. 324, §7, is 
further amended to read: 
A. Subject to any limitation of the Maine Human Rights Act or any other state law or 
federal law, an employer may use a confirmed positive result for a substance of abuse 
or refusal to submit to a test as a factor in any of the following decisions: 
(1) Refusal to hire an applicant for employment or refusal to place an applicant 
on a roster of eligibility; 
(2) Discharge of an employee; 
(3) Discipline of an employee; or 
(4) Change in the employee's work assignment. 
Sec. 15. 26 MRSA §685, sub-§2, ,rA-1, as enacted by PL 1995, c. 324, §8, is 
amended to read: 
A-1. An employer who tests a person as an applicant and employs that person prior 
to receiving the test result may take no action on a confirmed positive result except in 
accordance with the employee provisions of the effif)leyer's af:)f:)f0't'ed uniform 
substance abuse testing policy. 
Sec. 16. 26 MRSA §685, sub-§2, ~' as amended by PL 2003, c. 547, §3, is 
further amended to read: 
B. Before taking any action described in paragraph A in the case of an employee 
who receives an initial confirmed positive result, an employer shall provide the 
employee with an opportunity to participate for up to €i moatas 12 weeks in a 
rehabilitation program designed to enable the employee to avoid future use of a 
substance of abuse and to participate in an employee assistance program, if the 
employer has such a program. The employer may take any action described in 
paragraph A if the employee receives a subsequent confirmed positive result from a 
test administered by the employer under this subchapter. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" A" to H.P. 937, L.D. 1384 
Sec. 17. 26 MRSA §686, as amended by PL 2009, c. 133, §3, is further amended 
to read: 
§686. Review of uniform policy notifications 
1. Review required. The Department of Labor shall review each V,'i"ittea JJOliey or 
ehaage to an. approved notification of adoption of the uniform substance abuse testing 
policy submitted to the department by an employer under section 683, subsection 2. 
A. 
The department shall determine if the employer's vffittea poliey or ehaage 
eomplies with: this saeehlif)ter aad sha.J.l iHlfflediately aotify the employer vA=i.o 
st1bmitted tlie JJOliey or ehaage of th.at determiaatioa notification of adoption of the 
uniform substance abuse testing policy is complete. If the department finds that the 
poliey or eha-age does aot eomply with this sabehapter notification of adoption of the 
uniform substance abuse testing policy is incomplete, the department shall also notify 
the employer of the specific areas in which the poliey or ehaftge notification is 
defective. 
B. 
The de'{'Jartmeat may reE}'llest aediti0Bal iafermatioa from an. employer 1.vhea 
aeeessary to deteffRille v.rhether af1: employmeat positioa meets the re(il:liremeats of 
seetioa (i84, sabseetioa 3. The def)artmeat shall aot approve aay writtea poliey that 
provides fer raneem or arbitrary testiag of aay employmeat positioa that the 
employer has failed to demoastmte meets the re"J:l:iiremeats of seetioa (jg 4, saeseetioa 
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C. The department shall allow for the use of any federally recognized substance 
abuse test. 
D. An employer shall notify the department in writing if it chooses to discontinue the 
uniform substance abuse testing policy. The notice must include the effective date 
and, once approved by the department, the employer will be put into an inactive 
status and will not be allowed to conduct substance abuse testing. An employer that 
has discontinued the uniform substance abuse testing policy must notify the 
department in writing if the employer chooses to reinstate the uniform substance 
abuse testing policy. 
2. Review procedure. The Department of Labor shall adopt rules under section 687 
governing the procedure for reviews conducted under this section. 
A. The rules must provide for notice to be given to the employees of any employer 
who submits a writtea notification of adoption of the uniform substance abuse testing 
policy or an amendment applicable to employees to the department for review under 
this section. 
The employees may submit written comments to the department 
challenging aay portioa of the empleyer's vffittea }loliey, iaell!ding the proposed 
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designation of any position under section 684, subsection 3, paragraph B. 
B. 
Nothing in this section requires a formal hearing to be held concerning the 
submission and review of an employer's vlfittea notification of adoption of the 
uniform substance abuse testing policy. 
C. 
Notwithstanding Title 5, section 8003, the Maine Administrative Procedure Act, 
Title 5, chapter 375, does not apply to reviews conducted under this section except 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A,, to H.P. 937, L.D. 1384 
that all determinations by the Department of Labor under this section may be 
appealed as provided in Title 5, chapter 375, subchapter ¥.HZ. 
D. 
The rules may estael:ish meael applieaat pelieies aaa empleyee preeaele eaase 
pelisies ae.a provide for expedited approval and registration for employers adopting 
saeh meael pel:isies the uniform substance abuse testing policy. The rules adopted 
under this paragraph are routine technical rules pursuant to Title 5, chapter 375, 
subchapter H-A 2-A.' 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Labor, Commerce, Research and Economic Development, replaces the bill and makes 
changes to the substance abuse testing laws, including the following. 
1. It requires an employer to adopt a uniform policy for substance abuse testing as 
developed by the Department of Labor. 
2. It provides that all confirmed positive substance abuse tests may be reported to the 
employer only by a medical review officer, who may not be employed by the employer. 
3. It allows an employee to provide a legitimate medical explanation for a positive 
test result for legally obtained medications, including medical marijuana, preventing the 
medical review officer from reporting a positive test for that substance to the employer. 
4. It changes the definitions of "employer" and "employee" so that a temporary 
employee provided by an employment agency that is directly supervised by an employer 
must be treated the same as a regular employee of that employer for purposes of 
substance abuse testing laws. 
5. It allows testing laboratories to use alternate federal substance abuse testing 
standards. 
6. Under current law, an employer must provide an employee who receives an initial 
confirmed positive result from a substance abuse test with an opportunity to participate in 
a rehabilitation program before discharging or disciplining the employee. 
This 
amendment reduces the timeframe for completing such a rehabilitation program from 6 
months to 12 weeks. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/21/16 ::wac 
LD 1384 
LR 458(02) 
An Act To Improve Workplace Safety by Simplifying and Improving Employers' Substance Abuse 
Policy Requirements 
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Fiscal Note for Bill as Amended by Commit~ee Amendment 'A' ( tJ -b ~ 
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Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Labor to implement the requirements of this legislation can be absorbed within 
existing budgeted resources. 
LR0458(02) - Fiscal Note - Page I of 1