# Maine LD 2110: An Act to Update Employer Substance Use Testing Policy Requirements Maine LD 2110, An Act to Update Employer Substance Use Testing Policy Requirements, is a 132nd Maine Legislature (2025-2026) House bill sponsored by Charles Skold (Democratic); status signed, last action 2026-04-13 (Signed by Governor, ACTPUB Chapter 666); PRIA reads it as touching household money (as of 2026-10-17). - Canonical: https://policyrisk.com/state-bill/ME-LD2110-132 - As of: 2026-10-17 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Maine LD 2110 - State: Maine - Session: 132nd Maine Legislature (2025-2026) - Title: An Act to Update Employer Substance Use Testing Policy Requirements - Status: signed - Chamber: House - Introduced: 2026-01-07 - Last action: 2026-04-13, Signed by Governor, ACTPUB Chapter 666 - Sponsor: Charles Skold (Democratic) - Cosponsors: 0 - Subjects: EMPLOYMENT PRACTICES, EMPLOYMENT PRACTICES - WORK ENVIRONMENT - Touches household money: yes - Economic provisions PRIA read: 12 ## Summary No summary available. ## Bill overview: provisions PRIA read - Stronger pay protections during worker rehabilitation: benefit, medium. Employers generally cannot reduce pay or benefits during rehabilitation, but need not pay for time rehabilitation makes an employee unavailable. Medical disqualification no longer excuses employers from pay protections or duties to reinstate workers or seek suitable work. After successful rehabilit… - Employers must follow approved testing policies: benefit, low. Maine employers do not have to test, but employers that test must have a written policy approved by the Department of Labor. Policy changes also need approval, and employers must fully follow their policy once a test starts. Policies must explain testing, voluntary admissions, available help, priva… - More safeguards for worker test samples: benefit, low. Except for allowed quick screens, employer-run employee testing facilities must meet Maine's qualified laboratory standards. Labs test only requested substances, stop after a negative screen, and confirm non-negative results using the same sample. Employers can use FDA-cleared, noninstrumented quic… - More workers get state testing safeguards: benefit, low. Breath tests for blood-alcohol levels now fall under Maine's workplace substance testing rules. Nuclear power facilities lose their blanket exemption, covering employees, independent contractors, and contractor employees. The federal testing exception requires at least one Maine employee whose test… - Stronger limits on suspicion-based worker testing: benefit, low. Reasonable suspicion replaces probable cause and requires specific facts showing observable behavior that suggests possible impairment. One work accident alone is not enough. Suspicion cannot rest only on anonymous information or off-duty possession without observation on workplace premises. An aut… - Union members gain testing use protections: benefit, low. Labor organizations with a collective bargaining agreement effective in Maine need state approval for voluntary member testing programs. Programs must follow state collection and testing rules. They can test new members and periodically test existing members, but cannot randomly test members. Resul… - Worker test results get privacy protections: benefit, low. Employers cannot receive unconfirmed non-negative results, including through billing or timing clues. Preliminary negative results must also wait until a confirmation result would have arrived. Without the tested person's consent, reports cannot give numbers; they state negative or confirmed positi… - Workers can explain positive test results: benefit, low. Only an independent medical review officer can report a confirmed positive result to an employer. The officer must be a licensed physician with substance use disorder experience and knowledge of invalid samples. The officer must contact the tested person about confirmed positive or invalid results… - Workers can request certain blood tests: benefit, low. Employers that test for alcohol or cannabis metabolites must ensure their testing facility and confirmation lab can accept and test blood. If an employee requests blood testing for those substances, another sample for them cannot be tested. Blood must be drawn by an authorized medical professional… - Workers pay uncovered rehabilitation costs: cost, low. For employers with more than 20 full-time employees, workers now bear rehabilitation costs not covered by group health insurance. This replaces the employer cost-sharing rule. The change does not apply to Maine municipalities or other state political subdivisions. It also does not apply when testin… - Workers get a shorter rehabilitation window: mixed, medium. After an employee's first confirmed positive, employers must offer rehabilitation before taking covered job action based on that result. The window is now up to 12 weeks, down from six months. Employers must also offer their employee assistance program when they have one. Employers can take covered… - Worker testing expands with selection safeguards: mixed, low. Employers can use random or criteria-based testing through a union agreement or for positions posing an unreasonable safety threat while impaired. An employer-wide program generally requires at least 50 employees outside a collective bargaining agreement. Employers required to test to keep a contra… ## Sponsors and cosponsors - Sponsor: Charles Skold (Democratic), House ## Actions (7) - 2026-04-13: Signed by Governor, ACTPUB Chapter 666 - 2026-04-06: PASSED TO BE ENACTED, in concurrence. (Senate) - 2026-04-02: PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH. (House) - 2026-04-02: Report READ and ACCEPTED, in concurrence.READ ONCE.Committee Amendment "A" (H-950) READ and ADOPTED, in concurrence.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-950), in concurrence.Ordered sent down forthwith. (Senate) - 2026-04-02: CONSENT CALENDAR - FIRST DAYUnder suspension of the rules CONSENT CALENDAR - SECOND DAY.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-950).Sent for concurrence. ORDERED SENT FORTHWITH. (House) - 2026-01-07: The Bill was REFERRED to the Committee on LABOR in concurrence (Senate) - 2026-01-07: Committee on Labor suggested and ordered printed. The Bill was REFERRED to the Committee on LABOR.Sent for concurrence. ORDERED SENT FORTHWITH. (House) ## Bill text - Amendment C-A (H-950), adopted by House & Senate: [PDF](https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP1425&item=2&snum=132) - Enacted: [PDF](https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP1425&item=3&snum=132) - Introduced: [PDF](https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP1425&item=1&snum=132) ## Related bills - LD 1522: An Act to Establish the Maine Eviction Prevention Program (failed) - LD 1665: An Act to Provide Property Tax Relief to Maine Families (failed) - LD 1872: An Act to Reinvest in the Pension Funds of the Maine Public Employees Retirement System (failed) - LD 2067: An Act to Include Community Mental Health Workers Under the 1998 Special Plan for Retirement (failed) - LD 1611: An Act to Decrease the Retirement Contributions Required for Teachers and State Employees (failed) - LD 1294: An Act to Expand the Dependent Exemption Tax Credit (failed) ## Sources - [Amendment C-A (H-950), adopted by House & Senate (PDF)](https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP1425&item=2&snum=132) - [Enacted (PDF)](https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP1425&item=3&snum=132) - [Introduced (PDF)](https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP1425&item=1&snum=132) ## Related - [LD 1522: An Act to Establish the Maine Eviction Prevention Program](https://policyrisk.com/state-bill/ME-LD1522-132) - [LD 1665: An Act to Provide Property Tax Relief to Maine Families](https://policyrisk.com/state-bill/ME-LD1665-132) - [LD 1872: An Act to Reinvest in the Pension Funds of the Maine Public Employees Retiremen…](https://policyrisk.com/state-bill/ME-LD1872-132) - [LD 2067: An Act to Include Community Mental Health Workers Under the 1998 Special Plan f…](https://policyrisk.com/state-bill/ME-LD2067-132) - [LD 1611: An Act to Decrease the Retirement Contributions Required for Teachers and State…](https://policyrisk.com/state-bill/ME-LD1611-132) - [LD 1294: An Act to Expand the Dependent Exemption Tax Credit](https://policyrisk.com/state-bill/ME-LD1294-132) - [Maine bills](https://policyrisk.com/states/maine/bills) - [Maine state hub](https://policyrisk.com/states/maine) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/ME-LD2110-132 (as of 2026-10-17).