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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:
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:
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:
In addition, the reagent-containing unit of single use test system must be:
The employer must collect, handle, store, and ship each specimen in a way that:
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:
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.
Contacts
Maryland Department of Labor, Licensing and Regulation
Maryland Dept. of Health and Mental Hygiene
Regulations
Drug testing
Maryland Code - Health—General, §17-214 et seq.
State employees
Maryland Admin. Code Title 17, Subtitle 04, Chapter 09, §17.04.09.04.
Workers’ compensation
Maryland Labor and Employment Code Title 9, Workers’ Compensation, §9-506.
Port employees
Maryland Code - Transportation, Title 6 - Ports, §6-102.1
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.
Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document