Sec. 5. 26 MRSA §683, sub-§2, ¶B, as amended by PL 1989, c. 832, §6, is further amended to read:

B. When substance abuse testing may occur. The written policy must describe:

(1) Which positions, if any, will be subject to testing, including any positions subject to random or arbitrary testing under section 684, subsection 3. For applicant testing and probable cause and post-accident testing of employees, an employer may designate that all positions are subject to testing; and

(2) The procedure to be followed in selecting employees to be tested on a random or arbitrary basis under section 684, subsection 3;

Sec. 6. 26 MRSA §684, sub-§2-A is enacted to read:

2-A.__Post-accident testing.__An employer may require, request or suggest that a surviving employee submit to a post-accident substance abuse test if the employee while on duty or in the workplace was involved in an occurrence in which there was loss of human life, serious bodily injury or property damage apparently involving cost or loss greater than $10,000, unless the circumstances clearly show that the employee did not contribute to the cause of the occurrence.__A post-accident test sample may not be collected more than 8 hours after the occurrence.

Sec. 7. 26 MRSA §684, sub-§5, as enacted by PL 1989, c. 832, §11, is amended to read:

5. Testing upon return to work. If an employee who has received a confirmed positive result returns to work with the same employer, whether or not the employee has participated in a rehabilitation program under section 685, subsection 2, the employer may require, request or suggest that the employee submit to a subsequent substance abuse test anytime between 90 days and one year after the date of the employee's prior test follow- up testing during the 18 months after the date of the employee's return to work, in accordance with a written follow-up