Sec. 7. 26 MRSA §685, sub-§2, ¶A, as amended by PL 1995, c. 324, §7, is further amended to read:

A. Subject to any limitation of the Maine Human Rights Act or any other state law or federal law, an employer may use a confirmed positive result or refusal to submit to a test as a factor in any of the following decisions:

(1) Refusal to hire an applicant for employment or refusal to place an applicant on a roster of eligibility;

(2) Discharge of an employee, except as provided in paragraph B;

(3) Discipline of an employee; or

(4) Change in the employee's work assignment.

Sec. 8. 26 MRSA §685, sub-§2, ¶B, as amended by PL 1989, c. 832, §12, is further amended to read:

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.

Sec. 9. 26 MRSA §686, sub-§3 is enacted to read:

3.__Selection of employees under random or arbitrary testing policy; fees.__The department, upon receipt and approval of a policy created pursuant to section 683, subsection 2-A, shall participate in the selection of employees as required by section 683, subsection 2-A, paragraph C.__The department shall assess the employer a fee that offsets the cost to the department of reviewing random or arbitrary testing policies and selecting employees to be tested.__The department shall set the fee by