Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 265 - Substance Use Testing For The Workplace Rule › Section 144-265-2 - COLLECTION AND STORAGE OF SAMPLES

Current through 2024-29, July 17, 2024
A. For all
				testing allowed under this rule, the specimen to be collected must be the
				employee's or applicant's urine, oral fluids, hair or sweat, except that, as
				provided by
				26 MRS
				§683(5), employees may
				request that a blood sample be collected for testing for alcohol and cannabis
				metabolites, provided that a laboratory is available to the employer or
				applicant which is in compliance with all other sections of this rule
				concerning laboratories, and which offers testing for alcohol or cannabis
				metabolites in compliance with this rule. If such a blood sample is requested,
				the employer may not test any other sample for alcohol or cannabis metabolites.
1. The collection of any sample for use in a
				substance use test must be conducted in a medical facility and supervised by a
				physician licensed under 32 MRS chapter 36 or 48, or a nurse licensed under 32
				MRS chapter 31. 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 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.
3. No employee or applicant
				may be required to provide a urine sample while being observed, directly or
				indirectly, by another individual.
4. Urine samples must be collected in new,
				clean containers manufactured for the purpose of urine collection. If the
				employer's policy calls for specimen assessment, the person in charge of
				collection, may, in the presence of the test subject, measure the temperature
				of the specimen within three minutes of voiding and the pH of the specimen, and
				evaluate the color and odor of the specimen. The container must be sealed and
				labeled immediately after collection and specimen assessment in a manner which
				will prevent or reveal tampering with the specimen. Seals must cover the cap
				and extend over the sides of the container and be initialed by the employee or
				applicant being tested. The specimen container must be clearly and indelibly
				labeled with the date and time of collection and the name or other identifier
				associated with the person from whom the specimen was obtained. Sealing and
				labeling must occur under the observation of the employee or applicant being
				tested.
5. Blood specimens, where
				allowed, must be collected in new vacuum-activated blood collection tubes, with
				such preservatives as may be specified by the testing laboratory, and must be
				sealed with tamper proof seals, covering the cap and extending over the sides
				of the container. Blood samples must be collected by a qualified person in
				accordance with
				26 MRS
				§683(5)(B). Each
				specimen container must be clearly and indelibly labeled with the date and time
				of collection and the name or other identifier associated with the person from
				whom the specimen was obtained. Sealing and labeling must occur under the
				observation of the employee or applicant being tested.
6. Oral fluid specimens must be collected in
				new, clean containers manufactured for the purpose of oral fluid collection.
				The container must be sealed and labeled immediately after collection in a
				manner that will prevent or reveal tampering with the specimen. Seals must
				cover the cap and extend over the sides of the container and be initialed by
				the employee or applicant being tested. The specimen container must be clearly
				and indelibly labeled with the date and time of collection and the name or
				other identifier associated with the person from whom the specimen was
				obtained. Sealing and labeling must occur under the observation of the employee
				or applicant being tested.
7. Hair
				specimens must be collected in new, clean containers manufactured for the
				purpose of hair specimen collection. The container must be sealed and labeled
				immediately after collection in a manner that will prevent or reveal tampering
				with the specimen. Seals must cover the top of the container and extend over
				the sides of the container and be initialed by the employee or applicant being
				tested. The specimen container must be clearly and indelibly labeled with the
				date and time of collection and the name or other identifier associated with
				the person from whom the specimen was obtained. Sealing and labeling must occur
				under the observation of the employee or applicant being tested. Hair specimens
				must be collected using head hair, unless head hair is not available or is not
				at least one and a half inches long. In those cases, a urine specimen must be
				collected.
8. Sweat patch specimens
				must be collected using a patch that has been specifically manufactured for
				sweat specimen collection. The sweat patch must be sealed within a container
				and labeled immediately after collection in a manner that will prevent or
				reveal tampering with the specimen. Seals must cover the top of the container
				and extend over the sides of the container and be initialed by the employee or
				applicant being tested. The specimen container must be clearly and indelibly
				labeled with the date and time of collection and the name or other identifier
				associated with the person from whom the specimen was obtained. Sealing and
				labeling must occur under the observation of the employee or applicant being
				tested.