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.
Workplace Drug Testing Laws in Maryland
|Drug Testing Issue||Status||Comments|
|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|
|Medical Marijuana||Yes||No limits on employers; law specifically says no need to accommodate use at work.|
|Report Driver DOT Positives||No|
|General Statute||Title 17, subtitle 2, u00a717-214 & 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