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Author: ADP Admin/Wednesday, February 28, 2018/Categories: State Compliance Update, Maine
Employers with employees who are subject to federally mandated drug and alcohol testing regulations already are exempt from compliance with Maine’s drug testing statute with regard to those employees as well as their non-federally regulated employees. These employers, however, are not exempt from Maine’s recreational marijuana law. While federal regulations (such as the U.S. Department of Transportation’s drug and alcohol testing regulations) require testing for marijuana, they do not address the employment consequences for testing positive (other than requiring the employee to stop performing safety-sensitive functions). Employers regulated by the Department of Transportation, therefore, must consider what employment consequences will be imposed for positive marijuana test results, keeping in mind that the Maine recreational marijuana law does not permit employers to take adverse actions based on off-premises marijuana use. Additionally, these employers may not test their non-federally regulated employees for marijuana as part of any type of drug test (e.g., pre-employment, post-accident, and random), other than a drug test based on reasonable suspicion in Maine. Coverage: Employers with employees in Maine. Effective: Already in effect (February 1, 2018). Action Required: The administration of drug testing programs is complicated by the passage of this new law. Please contact your Human Resources Business Partner with any questions. This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.
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