10-144 CMR c. 265; Substance Use Testing For The Workplace Rule - Rule Adoption

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Adopted rule changes amend 10-144 CMR ch. 265, formerly entitled Drug Testing Laboratory Rules, to be consistent with updates to the Maine Department of Labor’s (DOL) best practices and statute (26 MRS ch. 7, subch. 3-A -Substance Use Testing). The adopted rule is consistent with the proposed rule. Changes include: 1) updates to protocols in Section 2 of the rule specific to the collection of hair, oral fluids and sweat patches for drugs; 2) revised cut-off levels for substance-use tests to be consistent with current levels established by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration; 3) a revised list of proficiency testing programs; 4) updates to testing technology for screening tests; and 5) revised protocols for sample storage. In Section 3 of the rule, the Department amended a reordered list of substances and added the following substances to the list of substances for which an employer may test: buprenorphine, fentanyl, hydrocodone, hydromorphone, oxycodone, oxymorphone, and propoxyphene for urine testing and clarify metabolites, where applicable. Additionally, this rule adoption clarifies the Department’s discretionary authority over inspections and, in the definition section of the rule, clarifies confirmed positive result, screening test, and confirmation test. Grammatical and technical corrections, a new title (Substance Use Testing For The Workplace Rule), changes to format and other minor non-substantive changes have been adopted for clarity and conformity to agency standards for improvement of the rule. 

 

EFFECTIVE DATE: November 1, 2023

AGENCY CONTACT PERSON: Bridget Danis, Policy Analyst; Maine CDC; 286 Water Street, Augusta, ME 04333-0011; Tele: (207) 287-9394; Fax: (207) 287-2887; TTY: 711; bridget.danis@maine.gov

AGENCY WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/

DEPARTMENT RULES WEBSITE: https://www.maine.gov/dhhs/about/rulemaking

Office: Maine CDC

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