CHAPTER 443
H.P. 944 - L.D. 1361
An Act To Refine and Study Substance Abuse Testing Procedures and Treatment
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §683, sub-§5-A, ¶C is enacted to read:
C. A person who performs a point of collection screening test or a confirmation test may release the results of that test only as follows.
(1) For a point of collection screening test that results in a preliminary positive or negative test result, the person performing the test shall release the test result to the employee who is the subject of the test immediately.
(2) For a point of collection screening test that results in a preliminary positive test result, the person performing the test may not release the test result to the employer until after the result of the confirmation test has been determined.
(3) For a point of collection screening test that results in a preliminary negative test result, the person performing the test may not release the test result to the employer until after the result of a confirmation test would have been determined if one had been performed.
(4) For a confirmation test, the person performing the test shall release the result immediately to the employee who is the subject of the test and to the employer.
Sec. 2. Department of Labor to establish task force. The Department of Labor shall establish a task force on substance abuse testing and treatment. The task force shall review the following issues relating to substance abuse testing and treatment in the workplace:
1. Substance abuse testing and treatment after workplace accidents or other incidents;
2. Point of collection screening testing; and
3. Substance abuse treatment as it relates to small businesses.
Sec. 3. Membership; report. The Department of Labor shall include on its task force on substance abuse testing and treatment the following members: one representative of large businesses; one representative of small businesses; one representative of organized labor; one representative of a civil liberties advocacy organization; one representative of the Department of Health and Human Services, Office of Substance Abuse; and the legislative sponsor of Legislative Document 1361 of the 122nd Legislature. The task force shall submit a report detailing its findings to the Joint Standing Committee on Labor by December 7, 2005.
Effective September 17, 2005.
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