Workplace Drug Testing Issues – Maryland State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Instant or POCT Testing
Pre-employment testing only, Employer must register with the State.
References Controlled Dangerous Substances
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.
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.
Reference misconduct in your policy, terminate
Workers Comp Discount
No limits on employers; law specifically says no need to accommodate use at work.
Report Driver DOT Positives
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
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