Annual Report Substance Abuse Testing in Maine



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Annual Report



Substance Abuse Testing in Maine

Submitted to the Maine Legislature

March, 2013







state of maine

Department of Labor

Bureau of Labor Standards

45 state house station

augusta, maine

04333-0045

JEANNE S. PAQUETTE


COMMISSIONER

PAUL R. LEPAGE




PAMELA TAYLOR

GOVERNOR




DIRECTOR


Substance

Abuse

Testing

Report

2012


Kirk Duplessis

Bureau of Labor Standards

Maine Department of Labor

The Maine Department of Labor provides equal opportunity employment and programs.

Auxiliary aids and services are available to individuals with disabilities upon request.
Telephone (207) 623-7900 TTY Users Call Maine Relay 711 FAX (207) 623-7937
This publication is available at: http://www.maine.gov/labor/labor_stats/publications/substanceabuse/

Scope


The Maine Department of Labor (MDOL) is submitting this report to the Joint Standing Committee on Labor, Commerce, Research and Economic Development in accordance with the Maine Substance Abuse Testing Law, Title 26 M.R.S.A.§690. The Maine Substance Abuse Testing Law is intended to protect the privacy rights of employees, yet allow an employer to administer testing, to ensure proper testing procedures, to ensure that an employee with a substance abuse problem receives an opportunity for rehabilitation and treatment, and to eliminate drug abuse in the workplace.

This report pertains only to employer testing activities under Maine law. It is not a comprehensive study of workplace substance abuse testing because it does not include individuals who are tested under federal testing programs. Federal testing programs are regulated by the federal government and are therefore outside the scope of State testing law.


Practice


Any employer desiring to do substance abuse testing, other than federally regulated testing, must submit a substance abuse testing policy to the Maine Department of Labor. An employer may not commence testing until the MDOL has notified the employer that the policy has been approved and the employer has given proper notice to its employees.

Model policies developed by the Maine Department of Labor help employers develop substance abuse policies for their workplaces and make it easier for the MDOL to review company policies. The model policies are online at: www.maine.gov/labor/labor_laws/substance_abuse_testing.

Each employer with a policy - that has been approved by the Maine Department of Labor - is required to report its testing activities annually in a mandatory survey. Information gathered in the survey includes the number of tests by type (applicant, probable cause or random/arbitrary), the substances tested for, and the number of positive tests for each substance.

The administration of this law is a collaborative effort of the following agencies:


  • Maine Department of Labor, Bureau of Labor Standards (BLS)


    • Reviews and approves substance abuse testing policies.

    • Collects the annual reports of substance abuse testing.

    • Analyzes testing data and publishes this annual report.

Responsible for the licensing of laboratories that Maine employers can use for testing of controlled substances. For a list of approved testing laboratories, contact the Maine Department of Labor.

Any employer with more than 20 full-time employees must have a functioning Employee Assistance Program (EAP) prior to testing their employees, as stated in Title 26 M.R.S.A. §683, 1. The EAP must be certified by the Department of Health and Human Services and certification must be renewed every two years.

Results by Type of Test

Applicant Testing


Applicant testing is reserved for individuals who have been offered employment with a company or placed on a roster of eligibility for employment. Testing is conducted before the individual is hired.

Probable Cause


Probable cause testing is conducted where reasonable grounds exist to believe that an existing employee may be under the influence of a substance of abuse.

Random/Arbitrary Testing


Random testing is a method of selection in which all employees have an equal potential of selection by random chance. Arbitrary testing is based on criteria unrelated to substance abuse, such as the anniversary of hire date.

Table 1: Results by Test Type, Maine, 2012


 

Applicant

Tests

Applicant Percent Positive

Probable Cause Tests

Probable Cause

Percent Positive

Random/ Arbitrary Tests

Random/ Arbitrary Percent Positive

Total Tests

15,938




20




1271




Total Invalid Tests

8

0.1%

0

0%

0

0.0%

Total Positive Results

602

3.8%

3

15.0%

30

2.4%

Cannabinoids

537

3.4%

2

10.0%

24

1.9%

Cocaine

12

0.1%

0

0.0%

1

0.1%

Amphetamines

23

0.2%

0

0.0%

2

0.2%

Opiates

9

0.1%

1

5.0%

2

0.2%

Methadone

6

0.0%

0

0.0%

0

0.0%

Phencyclidine

0

0.0%

0

0.0%

0

0.0%

Benzodiazepines

1

0.0%

0

0.0%

0

0.0%

Alcohol

9

0.1%

1

0.0%

1

0.1%

Barbiturates

2

0.0%

0

0.0%

0

0.0%

Methaqualone

0

0.0%

0

0.0%

0

0.0%


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