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treatment plan provided to the employer by a rehabilitation or | treatment provider. A test | | subsection in addition to any tests conducted under subsections 2, | 2-A and 3. An employer may require, request or suggest that an | employee submit to a substance abuse test during the first 90 days | after the date of the employee's prior test only as provided in | subsections 2 and 3. | | that would create an unreasonable threat to the health and safety | | of the public, the employee or coworkers if the employee were under | | the influence of a substance of abuse, testing under the follow-up | | treatment plan may extend over 24 months and must provide for at | | least 6 follow-up tests in the first 12 months after return to | | work. |
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| | | Sec. 8. 26 MRSA §685, sub-§2, śC, as amended by PL 1995, c. 344, §1, | | is further amended to read: |
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| | | C. If the employee chooses not to participate in a | | rehabilitation program under this subsection, the employer | | may take any action described in paragraph A. If the | | employee chooses to participate in a rehabilitation program, | | the following provisions apply. |
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| | | (1) If the employer has an employee assistance program | | that offers counseling or rehabilitation services, the | | employee may choose to enter that program at the | | employer's expense. If these services are not | | available from an employer's employee assistance | | program or if the employee chooses not to participate | | in that program, the employee may enter a public or | | private rehabilitation program. |
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| | | (a) Except to the extent that costs are covered | by a group health insurance plan, the costs of the | public or private rehabilitation program must be | equally divided between the employer and employee | | if the employer has more than 20 full-time | employees. This requirement does not apply to | municipalities or other political subdivisions of | the State or to any employer when the employee is | tested because of the alcohol and controlled | substance testing mandated by the federal Omnibus | Transportation Employee Testing Act of 1991, | Public Law 102-143, Title V. If necessary, the | employer shall assist in financing the cost share | of the employee through a payroll deduction plan. | | the employer shall pay a portion of the costs of | | the public or private rehabilitation program as | | follows: |
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