Federal/Non-Federal Employee Testing Background In 2011, the 125th Maine Legislature amended the drug testing law regarding employers subject to federal drug testing regulations. As amended, Section 281, Subsection 8 paragraph c. of the law now states: “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.” Because of how this paragraph is written, and because the federal drug testing law is based on the qualifications of employees rather than the status of employers, BLS has received numerous inquiries from employers and others about this provision of the law. Most are confused or have differing opinions about what the paragraph means and how to apply it to their particular situations. Some think it means that if an employer is subject to the requirements of federal drug-testing laws, it can be exempt from the Maine law if it applies the federal drug testing procedures to its non-federally regulated employees. Others believe it means that if an employer has even one employee or contractor in its workforce who is subject to federal drug-testing requirements, that employer can do any kind of drug testing and impose any kind of consequences upon its regulated employees and be subject to neither the federal law nor the Maine drug testing law. Employer Drug Testing Survey Information About 42 percent of the survey participants are involved with federally-required drug testing. About half of the employers who conduct drug testing for federally regulated employees also conduct drug testing of non-federally regulated employees. When asked for preferences, almost half (41%) of the participants indicated they would continue to follow their Maine approved policy for testing non-federally regulated employees and a little more than half (52%) would prefer to extend their federal drug testing activities to their non-federally regulated employees. A smaller number (7%) indicated that they would not abide by federal or state substance abuse testing procedures with their non-federally regulated employees. Thirty percent of the participants who test federally regulated and non-federally regulated employees said they do not report their testing of non-federally regulated employees to the State of Maine.
Develop a regulatory uniform/model policy 49 61 44 22 2.22 Modify employer assistance requirements 47 61 47 22 2.25 Modify employee rehab and cost sharing requirements 65 53 38 19 2.06 Clarify provisions relating to drug testing federally regulated and non-federally regulated employees 53 75 39 11 2.04 Modify the size of random drug testing populations 35 58 60 24 2.41 Modify the probable cause definition as relates to the first accident 72 67 29 12 1.89 Provide for drug testing of employees who work on temporary projects 38 56 52 34 2.46 Modify the law to address medical marijuana use 86 66 18 11 1.75