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 testings. |
| Random Testing | No restrictions |
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 require employers with safety-sensitive employees to undergo mandatory drug testing to 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 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 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 vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.