Sec. 1. 26 MRSA §683, sub-§2, as amended by PL 2001, c. 556, §2, is further amended by amending the first paragraph to read:

2. Written policy. Before establishing any probable cause substance abuse testing program, or, for an employer with fewer than 50 employees, a random or arbitrary testing policy, an employer must develop a written policy in compliance with this subchapter providing for, at a minimum:

Sec. 2. 26 MRSA §683, sub-§2, ¶B, as amended by PL 1989, c. 832, §6, is further amended to read:

B. When substance abuse testing may occur. The written policy must describe:

(1) Which positions For those employers with fewer than 50 employees, which, if any, will be subject to testing, including any positions subject to random or arbitrary testing under section 684, subsection 3, paragraph B. For those employers with 50 or more employees, if random or arbitrary testing is used, then the policy must state that all employees are subject to random or arbitrary testing under section 684, subsection 3, paragraph C. 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 subsection 2-A and section 684, subsection 3;

Sec. 3. 26 MRSA §683, sub-§2, as amended by PL 2001, c. 556, §2, is further amended by amending the last blocked paragraph to read:

An employer must consult with the employer's employees in the development of any portion of a probable cause substance abuse testing policy or, for an employer with fewer than 50 employees, a random or arbitrary testing policy under this subsection that relates to the employees. An employer with 50 or more employees shall abide by the random or arbitrary testing policy developed pursuant to subsection 2-A. The employer is not required to consult with the employees on those portions of a policy that relate only to applicants. The employer shall send a copy of the final written policy to the Department of Labor for review under section 686. The employer may not implement the policy until the Department of Labor approves the policy. The employer shall send