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| | | An Act To Amend the Random Drug Testing Laws |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 26 MRSA §683, sub-§2, as amended by PL 2001, c. 556, §2, is | | further amended by amending the first paragraph to read: |
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| | | 2. Written policy. Before establishing any substance abuse | | testing program, an employer must develop or, as required in | | section 684, subsection 3, paragraph C, must appoint an employee | | committee to develop a written policy in compliance with this | | subchapter providing for, at a minimum: |
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| | | Sec. 2. 26 MRSA §684, sub-§3, as amended by PL 2001, c. 706, §1, is | | further amended to read: |
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| | | 3. Random or arbitrary testing of employees. In addition to | | testing employees on a probable cause basis under subsection 2, | | an employer may require, request or suggest that an employee | | submit to a substance abuse test on a random or arbitrary basis | if at least one of the following conditions is met |
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| | | A. The employer and the employee have bargained for | | provisions in a collective bargaining agreement, either | | before or after the effective date of this subchapter, that | | provide for random or arbitrary testing of employees. A | | random or arbitrary testing program that would result from | | implementation of an employer's last best offer is not | | considered a provision bargained for in a collective | bargaining agreement for purposes of this section; or |
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