to conduct testing of employer does not employees must have have to pay the an Employee employee for periods Assistance Program of time during which certified by the the employee is not Maine Office of available to work due Substance Abuse. to rehabilitation or the employee is medically disqualified. The employer may suspend the employee from active duty to reduce potential safety hazard during the time the employees is in the rehab program. If the employee tests positive a second time after returning to work from rehab program, the employee may be terminated without being offered the opportunity to enter a rehabilitation program again. Maryland Section 17-214 of If an employer has a It is recommended An employer may Employers that require an individual to If a pre-employment State law does the Maryland legitimate business purpose that employers test for alcohol and be tested for job-related reasons for the preliminary screening not specify who Health-General in conducting the test, it provide employees controlled use or abuse of any controlled device returns a must pay for the Annotated Code may require drug and with a written copy dangerous dangerous substance or alcohol must: positive result, the initial drug test. and Chapter 10 of alcohol testing: of the substances. Have the test performed by a employer must send employer’s • the Code of As a condition of drug and alcohol laboratory. the specimen to a Applicants and • Maryland employment. testing policy, Employers may Inform the individual of the name state-approved lab for employees who • Regulations At any time during including test: and address of the testing laboratory at testing and must have request an • govern drug and employment. circumstances when Blood. the time of testing. a MRO review any independent • alcohol testing in testing may be Urine. positive test result follow-up test • employment and Pre-employment: An required, procedures Saliva. For pre-employment testing, after lab confirmation must pay for the • pre-employment. employer that chooses to for collection and Hair (see below) employers may use a preliminary cost of that test • Any employer conduct pre-employment testing, and screening procedure that uses a If an employer may require an drug and alcohol testing consequences for Employers may test device that is FDA-approved receives notice from employee or job using preliminary screening refusing to submit to only test hair for and easily portable and can be a lab that a test is applicant to procedures must register a test, testing pre-employment administered at the work site. The positive for alcohol submit to a test for with the Office of Health purposes, using no device must meet generally accepted or a controlled
to conduct testing of employees must have an Employee Assistance Program certified by the Maine Office of Substance Abuse. employer does not have to pay the employee for periods of time during which the employee is not available to work due to rehabilitation or the employee is medically disqualified. The employer may suspend the employee from active duty to reduce potential safety hazard during the time the employees is in the rehab program. If the employee tests positive a second time after returning to work from rehab program, the employee may be terminated without being offered the opportunity to enter a rehabilitation program again. Maryland Section 17-214 of the Maryland Health-General Annotated Code and Chapter 10 of the Code of Maryland Regulations govern drug and alcohol testing in employment and pre-employment. Any employer may require an employee or job applicant to submit to a test for If an employer has a legitimate business purpose in conducting the test, it may require drug and alcohol testing: • As a condition of employment. • At any time during employment. Pre-employment: An employer that chooses to conduct pre-employment drug and alcohol testing using preliminary screening procedures must register with the Office of Health It is recommended that employers provide employees with a written copy of the employer’s drug and alcohol testing policy, including circumstances when testing may be required, procedures for collection and testing, and consequences for refusing to submit to a test, testing An employer may test for alcohol and controlled dangerous substances. Employers may test: • Blood. • Urine. • Saliva. • Hair (see below) Employers may only test hair for pre-employment purposes, using no Employers that require an individual to be tested for job-related reasons for the use or abuse of any controlled dangerous substance or alcohol must: • Have the test performed by a laboratory. • Inform the individual of the name and address of the testing laboratory at the time of testing. For pre-employment testing, employers may use a preliminary screening procedure that uses a test device that is FDA-approved and easily portable and can be administered at the work site. The device must meet generally accepted If a pre-employment preliminary screening device returns a positive result, the employer must send the specimen to a state-approved lab for testing and must have a MRO review any positive test result after lab confirmation If an employer receives notice from a lab that a test is positive for alcohol or a controlled State law does not specify who must pay for the initial drug test. Applicants and employees who request an independent follow-up test must pay for the cost of that test
50-State-Survey-Drug-Alcohol-Testing-Laws-August-2015.docx