Sec. 4. 26 MRSA §683, sub-§2-A is enacted to read:

2-A.__Random or arbitrary testing policy development.__If an employer chooses to establish random or arbitrary testing, then, in addition to complying with the requirements of subsection 2, paragraphs C to L, the testing must conform to a policy developed pursuant to this subsection.

A.__The employer shall establish an employee committee consisting of no fewer than 10 employees.__The employee committee must consist of a cross section of the positions employed by that employer.__The membership of the employee committee must include a person from the medical profession, including, but not limited to, an allopathic or osteopathic physician, a registered or practical nurse or a nurse practitioner.__If there is not a medical person in the employ of the employer, the employer shall obtain the services of a person in the medical profession to be a member of the employee committee created pursuant to this paragraph.

B.__The employee committee created pursuant to paragraph A shall establish the policy for random or arbitrary testing.__ The testing must apply to all employees, regardless of position.__The policy must state the frequency of the random or arbitrary testing and the number of employees to be tested each time.

C.__The selection of employees for random or arbitrary testing must be done by the Department of Labor from a list of all the employees provided by the employer.__The list may not contain any information from which an employee may be identified by the department.

D.__The employer must submit the policy to the Department of Labor for approval pursuant to section 686.__The policy may not be implemented until the department approves the policy.__ Changes may be made to the policy only by the employee committee and only after approval by the department.

This subsection applies only to those employees who are not represented under a collective bargaining agreement and to those employers with 50 or more employees.