Maryland - STATE LAWS

Workplace drug testing issues – State Laws – Maryland

These categories do not affect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in Maryland

Instant or POCT Testing

Restricted

Pre-employment testing only, Employer must register with the State.

Drug Panels

Not restricted

References Controlled Dangerous Substances

Laboratory

Certification required

SAMHSA or CAP certification or licensure.

Medical Review Officer

Required in some testing events

MRO must review positive results for applicant testing; highly recommended for all other testing.

Random Testing

No restrictions

Post-Accident

No restrictions

Drug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident.

Reasonable Suspicion

No restrictions

Oral Fluids

No restrictions

Hair Testing

Restricted

Pre-employment only

Unemployment Denial

Yes

Reference misconduct in your policy, terminate

Workers Comp Discount

No

Intoxication Defense

Yes

Medical Marijuana

Yes

No limits on employers; law specifically says no need to accommodate use at work.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Title 17, subtitle 2, §17-214 & Regulations (Title 10, Ch. 10)

Employers wishing to conduct workplace drug testing must follow state rules.

Workplace Drug and Alcohol Testing Statute  - (Title 17, subtitle 2, §17-214) & Regulations (Title 10, Ch. 10)

Can an employer in Maryland discipline a medical marijuana patient who tests positive for marijuana? – Yes, if the requirements of state drug testing law are met.

Workers’ Compensation intoxication defense to a claim exists. However there is a presumption that intoxication or drugs did not cause the injury.

Maryland Occupational Safety and Health regulations requires employers with safety-sensitive employees to undergo mandatory drug testing that must meet DOT and Maryland drug testing regulations. The following positions are deemed safety-sensitive: crane operators, signal persons, riggers, and crane operator trainees.

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Laws Maryland