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Maryland - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

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)