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employee committee, as required in section 686.__If the | | employer does not approve of the written policy developed | | by the employee committee, the employer may decide not to | | submit the policy to the department and not to establish | | the testing program.__The employer may not change the | | written policy without approval of the employee | | committee. |
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| | | (6)__The employer may not discharge, suspend, demote, | | discipline or otherwise discriminate with regard to | | compensation or working conditions against an employee | | for participating or refusing to participate in an | | employee committee created pursuant to this paragraph. |
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| | | Sec. 3. 26 MRSA §685, sub-§2, ¶B, as amended by PL 1989, c. 832, §12, | | is further amended to read: |
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| | | 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 6 | | months 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. |
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