Maryland drug testing locations
Maryland drug testing laws
The State of Maryland recognizes the benefits of a Drug Free Workplace and encourages businesses throughout the State to be a drug-free workplace. Benefits of being a drug-free workplace include a decrease in employee absenteeism, employee turnover, on the job accidents, theft, and an increase in customer service and employee morale.
Companies that wish to be a Maryland drug-free workplace should utilize the following standards when establishing a drug free workplace program.
- Have a written drug and alcohol policy and distribute to all employees
- Employee drug testing (Pre-employment, random, reasonable suspicion, post-accident)
- Certified laboratory and Medical Review Officer required
- Employee assistance program for substance abuse treatment (EAP)
- Supervisor and employee education program
- Maintain all other required documentation of a drug-free workplace Program
The State of Maryland’s commitment to drug-free workplace programs also allows companies to have comprehensive drug testing policies provided the company complies with Maryland drug testing laws.
Companies may require pre-employment, reasonable suspicion and post-accident testing and Maryland drug testing laws may provide employment related protections to an employer when action is taken against an employee who violates the company’s drug and alcohol policies.
Studies have shown that substance abuse among employees has serious repercussions for both the working environment and the economic success of the business. As a result of drug and alcohol abuse, employers see increased costs related to medical fees, absenteeism and overall productivity.
When it comes to employee drug testing, we recognize the importance of convenience and confidentiality. For that reason, we offer online scheduling and delivery of test results, which allow employers to utilize our services from the convenience of their office.
In addition, we also provide mobile drug testing that brings our drug testing services right to your place of business. These on-site services are able to ensure maximum employee participation as well as minimum disruption to the work day.
Maryland DOT drug & alcohol testing
All DOT tests include test collections by a qualified technician, SAMHSA certified laboratory analysis and verification by a qualified Medical Review Officer.
Accredited Drug Testing provides DOT required 5 panel urine tests, breath alcohol tests, consortium/random pool membership and all Federal Chain of Custody documents. If you need a DOT drug or alcohol test, simply call the office and speak with one of our DOT drug testing specialists.
Procedures for drug testing in Maryland
If an employer tests applicants or employees for the use or abuse of controlled substances or alcohol for a job-related reason, Maryland’s General Health Code requires that certain procedures be followed. Among the law’s provisions and requirements, an employer must do the following:
- Have the specimen tested by a licensed laboratory. “Specimen” means blood, urine, hair, or saliva. A court has clarified that such a specimen does not include breath (Whye v. Concentra Health SERV’s., No. ELH-12-34322 (D. Md. Sept. 24, 2013)).
- At the time of testing, provide the applicant or employee with the name and address of the laboratory if he or she so requests.
- If the test results are positive, provide the person with: the results, a copy of the employer’s substance abuse policy, written notice of any action that the employer intends to take, and notice of the employee’s right to have the specimen retested at his or her own expense. This information must be provided either in person or by certified mail within 30 days of the testing.
An employer may use a preliminary screening procedure to test an applicant for the use or abuse of any controlled dangerous substance, unless the employer has entered into a collective bargaining agreement that prohibits the employer from doing so. If the result is positive, the employer must submit the specimen for testing by a laboratory (MD Code Health-Gen. Sec. 17-214).
Violation of this law constitutes a misdemeanor. If convicted, the violator will be subject to fines not to exceed $100 for a first offense and not to exceed $500 for each subsequent violation. Each day a violation is continued after the first conviction is a subsequent offense
In April 2014, Senate Bill 364 was signed by Gov. Martin O’Malley. This bill decriminalized marijuana possession in Maryland. Possession of less than 10 grams of marijuana was reduced to a civil offense instead of a criminal offense prior to the bill. First time offenders face a $100 fine, a second offense up to $250 and subsequent offenses up to $500. Third-time offenders below 21 years of age will be made to attend drug education classes and evaluated for substance abuse problems.
In 2015, Gov. Larry Hogan vetoed SB 517, which was seeking to decriminalize the possession or use marijuana paraphernalia and making the act of smoking marijuana in public a civil offense with a fine of up to $500, instead of it being a criminal offense. This veto was overturned by the General Assembly in January 2016.
SB 517 states that the provisions that make the possession of marijuana a civil offense shall not be taken to affect the laws relating to operating a vehicle or vessel while under the influence of or while impaired by a controlled dangerous substance; nor do they authorize a person to engage in:
Smoking marijuana in any public place; Smoking marijuana in a motor vehicle; or undertaking any task under the influence of marijuana, when such an act would constitute negligence or professional malpractice.
Effects on workplace drug testing
The provisions for employers/employees were not explicitly stated in any of the above-mentioned bills, but in as much as marijuana use and possession is only decriminalized and not actually legalized, employers may reasonably expect that said bills will have no effect on their existing drug-free workplace policies, nor in their right to establish such policies in the interest of keeping a safe and productive workplace environment. In the case of employees who are also qualified medical marijuana patients, said employees will still be expected to adhere to company drug test programs and not show up for work while impaired by marijuana use.