| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 26 MRSA §682, sub-§2, as amended by PL 1995, c. 324, §3, is | further amended to read: |
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| | 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. |
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| A. A full-time employee is an employee who customarily | works 30 hours or more each week. |
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| | Sec. 2. 26 MRSA §682, sub-§5-A is enacted to read: |
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| | 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. |
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| | 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: |
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| 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. |
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| | 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: |
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| 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. |
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