§686. Review of written policies
1.
Review required.
The Department of Labor shall review each written policy or change to an approved policy submitted to the department by an employer under section 683, subsection 2.
A.
The department shall determine if the employer's written policy or change complies with this subchapter and shall immediately notify the employer who submitted the policy or change of that determination. If the department finds that the policy or change does not comply with this subchapter, the department shall also notify the employer of the specific areas in which the policy or change is defective.
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
B.
The department may request additional information from an employer when necessary to determine whether an employment position meets the requirements of section 684, subsection 3. The department may not approve any written policy that provides for random or criteria-based testing of any employment position that the employer has failed to demonstrate meets the requirements of section 684, subsection 3.
[PL 2025, c. 666, §37 (AMD).]
B-1.
An employer shall notify the department in writing if the employer intends to discontinue an approved substance use testing policy. The notice must include the anticipated effective date of the discontinuation. Once the discontinuation is approved by the department, the employer must be put into an inactive status and may not conduct substance use testing, unless mandated by federal law to test employees. An employer that has discontinued an approved substance use testing policy shall notify the department in writing if the employer chooses to reinstate a prior approved substance use testing policy.
[PL 2025, c. 666, §38 (NEW).]
C.
The department shall allow for the use of any federally recognized substance use test.
[PL 2017, c. 407, Pt. A, §110 (AMD).]
[PL 2025, c. 666, §§37, 38 (AMD).]
2.
Review procedure.
The Department of Labor shall adopt rules under section 687 governing the procedure for reviews conducted under this section.
A.
The rules must provide for notice to be given to the employees of any employer who submits a written policy or amendment applicable to employees to the department for review under this section. The employees may submit written comments to the department challenging any portion of the employer's written policy, including the proposed designation of any position under section 684, subsection 3, paragraph B.
[PL 1995, c. 324, §9 (AMD).]
B.
Nothing in this section requires a formal hearing to be held concerning the submission and review of an employer's written policy.
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
C.
Notwithstanding Title 5, section 8003, the Maine Administrative Procedure Act, Title 5, chapter 375, does not apply to reviews conducted under this section except that all determinations by the Department of Labor under this section may be appealed as provided in Title 5, chapter 375, subchapter VII.
[PL 1989, c. 536, §§1, 2 (NEW); PL 1989, c. 604, §§2, 3 (AFF).]
D.
The rules may establish model applicant policies and employee reasonable suspicion policies and provide for expedited approval and registration for employers adopting such model policies. The rules adopted under this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
[PL 2025, c. 666, §39 (AMD).]
[PL 2025, c. 666, §39 (AMD).]
SECTION HISTORY
PL 1989, c. 536, §§1,2 (NEW). PL 1989, c. 604, §§2,3 (AMD). PL 1995, c. 324, §9 (AMD). PL 1997, c. 49, §1 (AMD). PL 2009, c. 133, §3 (AMD). PL 2017, c. 407, Pt. A, §110 (AMD). PL 2025, c. 666, §§37-39 (AMD).