Drug testing - Maryland

Drug testing

Maryland allows employers to conduct drug tests when specific procedures are followed. Employers with a legitimate business purpose may test employees, applicants, and independent contractors for the illegal use of alcohol and drugs.

The Maryland drug testing law indicates that specimens include blood, urine, saliva, and hair. Hair testing may be used only for pre-employment testing.

At the time of the test, at the request of the individual being tested, the individual must be informed of the name and address of the laboratory that will test the specimen.

All testing must be conducted at laboratories certified by the Maryland Department of Health and Mental Hygiene except for a preliminary screening procedure to test a job applicant. Employers must follow specific procedures when doing an in-house preliminary screening of a job applicant.

There are restrictions on the information a laboratory may reveal about the legal use of a medically prescribed drug or nonprescription drug (excluding alcohol) that is not prohibited by state law.

Positive results

When a positive test has been confirmed, the individual tested must be provided with:

• A copy of the test results,
• A copy of the employer’s written substance abuse policy,
• If applicable, written notice of the employer’s intent to take disciplinary action, terminate employment, or change the conditions of employment, and
• A copy of the provisions allowing the employee to request independent testing of the sample, for verification of the test result.

This information must be provided within 30 days of the date the test was performed, either in person or by certified mail.

Verification of test results

An individual may request independent testing of the same specimen by a laboratory that:

• Holds a permit valid under Maryland law, or
• If located outside of Maryland, is certified or otherwise approved by the state.

The individual requesting verification of the results shall pay the cost of the test.

Preliminary screening for job applicants

An employer may use a preliminary screening procedure to test a job applicant for the use or abuse of any controlled or dangerous substance unless this is prohibited by a collective bargaining agreement.

The preliminary screening must use a single-use test device that:

• Is easily portable and can be administered at a worksite or other appropriate collection site,
• Meets the requirements of the federal Food and Drug Administration for commercial distribution, and
• Meets generally accepted cutoff levels such as those in the federal Substance Abuse and Mental Health Services Administration Guidelines for drug-free workplace testing programs.

In addition, the reagent-containing unit of single use test system must be:

• In the form of a sealed container or cartridge that has a validity check, a non-resealable closure, or an evidentiary tape that ensures detection of any tampering,
• Is self-contained and individually packaged,
• Is discarded after each test, and
• Does not allow any test component or constituent of a test system to interact between tests.

The employer must collect, handle, store, and ship each specimen in a way that:

• Maintains the specimen donor’s identity and confidentiality and the physical integrity of the specimen, and
• Precludes contamination of the specimen.

A written record of the chain of custody must be kept until the specimen is no longer needed for retesting.

If the result is positive, the specimen must be submitted to a certified laboratory. If the positive test is confirmed by a laboratory, it must be reviewed by a medical review officer.

If an applicant voluntarily discloses the use of a legally prescribed medication, an employer may hire the applicant pending confirmation of a positive test result by the laboratory and the medical review officer’s report.

Training: An employer that uses preliminary screening procedures must establish a program to train individuals to collect specimens and perform the test. Training must include:

• A reading of the test manufacturer’s package insert sheet;
• Observing the test manufacturer’s training video or receiving training from the test manufacturer;
• Completing the test manufacturer’s self-administered test; and
• The actual performance of tests and the actual interpretation of the results.

Employers must establish a procedure for training and keep records of the training. An employer must maintain documentation that indicates the individual has been trained.

Payment

Drug testing should be conducted at the employer’s expense.

An individual who requests independent testing of the same specimen for verification of test results shall pay the cost of the independent test.

State employees

State law mirrors federal drug testing laws for state employees in safety-sensitive positions. Tests include pre-employment, reasonable suspicion, post accident, random, and testing during rehabilitation and follow-up.

Workers’ compensation

Maryland’s workers’ compensation law provides for denial of benefits to an employee whose personal injury is caused solely by intoxication or a depressant, narcotic, or other drug making the employee incapable of satisfactory job performance. If the primary cause of the injury was intoxication while on duty or the effect of a controlled dangerous substance, an employee is not entitled to indemnity benefits but is entitled to medical benefits. Benefits will not be denied if the controlled substance was taken in accordance with a physician’s prescription.

Port employees

A state law requires a comprehensive Drug-Free Workplace Program including required testing for safety-sensitive employees of private employers who lease space at the Port of Baltimore.