LD 1361
pg. 1
LD 1361 Title Page An Act To Enhance Workplace Safety and Health through Substance Abuse Testing a... Page 2 of 8
Download Bill Text
LR 1295
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 26 MRSA §682, sub-§2, as amended by PL 1995, c. 324, §3, is
further amended to read:

 
2. Employee. "Employee" means a person who is permitted,
required or directed by any employer to engage in any employment
for consideration of direct gain or profit. A person separated
from employment while receiving a mandated benefit, including but
not limited to workers' compensation, unemployment compensation
and family medical leave, is an employee for the period the
person receives the benefit and for a minimum of 30 days beyond
the termination of the benefit. A person separated from
employment while receiving a nonmandated benefit is an employee
for a minimum of 30 days beyond the separation.

 
A. A full-time employee is an employee who customarily
works 30 hours or more each week.

 
Sec. 2. 26 MRSA §682, sub-§5-A is enacted to read:

 
5-A.__Post-accident.__"Post-accident" means within 8 hours
following an occurrence involving one or more employees on duty
or in the workplace in which there is loss of human life or
serious bodily injury or property damage apparently involving
cost or loss greater than $10,000.

 
Sec. 3. 26 MRSA §682, sub-§6, ¶C, as enacted by PL 1989, c. 536, §§1
and 2 and affected by c. 604, §§2 and 3, is amended to read:

 
C. A The mere fact of a single work-related accident,
unless circumstances related to the accident provide a
reasonable basis for suspicion of impairment or of the
influence of a substance of abuse. This exclusion does not
restrict post-accident testing otherwise permitted by this
subchapter.

 
Sec. 4. 26 MRSA §682, sub-§7, ¶A, as amended by PL 2001, c. 556, §1
and PL 2003, c. 689, Pt. B, §6, is further amended to read:

 
A. "Screening test" means an initial substance abuse test
performed through the use of immunoassay technology, or a
test technology of similar or greater accuracy and
reliability approved by the Department of Health and Human
Services under rules adopted under section 687, and that is
used as a preliminary step in detecting the presence of
substances of abuse.


LD 1361 Title Page Top of Page Page 2 of 8