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Retailer/Workplace

There are many laws that help to protect the health and wellbeing of Maine people. Retailers and workplaces are not only obligated to meet the requirements of the law, but can provide healthy workplaces for their employees that contribute to a healthier workforce and a better bottom line for their businesses.

Workplace Laws

The Maine Smoking Act of 1985 bans smoking in all of the following areas:

  • Enclosed areas where work is performed, as well as in all rest rooms, meeting rooms, lunchrooms, and private offices.
  • Employer-owned or -leased vehicles used by employees, and in employee-owned vehicles used in the course of work whenever other employees or another person is in the vehicle for work-related reasons.
  • Residential facilities licensed by DHHS when an employee is physically present to perform work there.
  • Within 20 feet of entrances, windows, vents and doorways of the workplace.
  • Any location that will allow smoke to circulate back into the building.
  • Employers are responsible for the development and implementation of a workplace smoke-free policy that addresses the laws.
  • Maine employers may not discriminate against or refuse to hire tobacco users.

 

  • The legal age to purchase and consume alcohol in Maine is 21.
  • Any person who sells liquor in Maine must obtain a license from the Division of Liquor Licensing and Enforcement.
  • Maine’s Furnishing Liquor Law prohibits the purchase and sale of
  • The Maine Liquor Liability Act ensures that if an injury or death occurs due to alcohol use, the person responsible for furnishing the alcohol may be charged with a felony.
  • Under the Occupational Safety and Health Act, employers are obligated to respond to alcohol use and related-harm in the workplace.
  • Employers cannot fire, refuse to hire, or refuse to promote someone simply because she or he has a history of substance use or is enrolled in an alcohol rehabilitation program.
  • Under the federal Control Substances Act of 1970 (CSA), it is illegal to cultivate, process, use, or distribute marijuana.
  • Maine’s Marijuana Legalization Act legalized recreational use of marijuana in January 2017.
  • An employer is not required to to permit or accommodate the use, consumption, possession, trade, display, transportation, sale or growing of cannabis in the workplace. 
  • Employers are permitted to enact and enforce workplace policies restricting the use of marijuana by employees and to discipline employees who are under the influence of marijuana. 
  • Employers may not refuse employ or otherwise penalize a person 21 years of age or older solely for that person’s consuming marijuana outside of work property.
  • The Drug-Free Workplace Act of 1988 requires federal contractors with contracts of $100,000 or more to maintain drug-free workplaces.
  • Law enforcement, national security, the protection of life and property, public health or safety, or other functions requiring a high degree of public trust are subject to mandatory drug testing.
  • Any employer who wants to have a substance abuse testing program (but is not required to under federal law) must submit a policy to the Maine Bureau of Labor Standards.
  • Several laws prohibit the invasion of privacy, wrongful discharge, defamation, and discrimination regarding drug testing, as well as alcohol and drug abuse.

Report a Violation

Community members can help the fight against tobacco misuse by reporting compliance violations that occur in workplaces.

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Maine Retail Prevention Programs

Workplace Policies

Alcohol Sales Policies for Licensees

The policy generator assists liquor licensees with developing internal policies that may help them stay compliant with Maine liquor laws and assists employees with the responsible sale of alcohol.

Off-Premise Alcohol Sales Policy Generator

On-Premise Alcohol Sales Policy Generator


Work Alert

Developing a drug free workplace is a good way to protect your bottom line and the health of your employees. With Work Alert you can implement an effective substance abuse policy in three easy steps.

Step 1: Involve key employees for input and advice.

Step 2: Customize a policy that is right for your workplace.

Step 3: Share the policy with all employees.


Workplace Smoke-Free Policy

Creating a smoke-free workplace may be one of the best business moves you ever make and will ensure you are meeting the requirements of the Workplace Smoking Act. There are resources and sample policies available to assist you in creating your own policy.