Drug and Alcohol Testing in Maryland

Maryland's general drug testing law applies to job-related alcohol and controlled dangerous substance testing of any person, including preemployment applicants, employees, and contractors. Certain motor vehicle drivers are covered under Maryland's transportation law. There is also an alcohol- and drug-free workplace program law that applies to marine facilities workers in the state.

Under Maryland's general drug testing law, employers requiring testing for job-related use or abuse of any controlled dangerous substance or alcohol must:

have the specimen tested by a laboratory that holds the required permit or, for a lab located outside of Maryland, that is certified or otherwise approved; and

at the time of testing, at the person's request, inform the person of the name and address of the laboratory that will test the specimen.

An employer who requires any person to be tested for job-related reasons for the use or abuse of any controlled dangerous substance may use hair derived from the human body as a specimen only for preemployment purposes, and if an employer uses hair as a specimen, the employer may not (1) use a specimen that is longer than one and one-half inches measured from the human body; or (2) use the specimen for any purpose other than testing for controlled dangerous substances.

Positive test results. Under Maryland's general drug testing law, an employer who requires any employee, contractor, or other person to be tested for job-related reasons for the use or abuse of any controlled dangerous substance or alcohol and who receives notice that an employee, contractor, or other person has tested positive for the use or abuse of any controlled dangerous substance or alcohol must, after confirmation of the test result, provide the employee, contractor, or other person with:

a copy of the laboratory test indicating the test results;

a copy of the employer's written policy on the use or abuse of controlled dangerous substances or alcohol by employees, contractors, or other persons;

if applicable, written notice of the employer's intent to take disciplinary action, terminate employment, or change the conditions of continued employment; and

a statement or copy of the statutory provisions permitting an employee to request independent testing of the same sample for verification of the test result.

The information required to be provided to the employee, contractor, or other person must be delivered to the employee, contractor, or other person either in person or by certified mail and within 30 days from the date the test was performed.

Beginning October 1, 2003, saliva will be added to the specimens permitted to be used for employment-related substance abuse testing.