Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 10 - LABORATORIES
Chapter 10.10.10 - Job-Related Alcohol and Controlled Dangerous Substances Testing
Section 10.10.10.04 - Responsibilities of the Secretary
Universal Citation: MD Code Reg 10.10.10.04
Current through Register Vol. 51, No. 19, September 20, 2024
A. Registration.
(1) Requirement. The OHCQ shall
register on the Secretary's behalf an employer that conducts a preliminary
screening procedure on a job applicant for a controlled dangerous
substance.
(2) Forms. The OHCQ
shall provide to each employer:
(a) A
registration application form; and
(b) A registration renewal form every 2 years
after the initial registration.
B. Routine Surveys and Complaint Investigation.
(1) Requirement. The Secretary
or the OHCQ as the Secretary's designee shall:
(a) Conduct routine surveys of preliminary
screening sites;
(b) Conduct
surveys of preliminary screening sites as part of a complaint investigation;
and
(c) Investigate written
complaints related to compliance with the standards set forth in this
chapter.
(2) On-site
Surveys. The OHCQ may:
(a) Annually conduct
routine on-site surveys of preliminary screening sites;
(b) Conduct a routine survey any time during
a preliminary screening site's normal work hours; and
(c) Include as part of a routine survey or
complaint investigation:
(i) On-site
observation and examination of preliminary screening facilities, equipment,
screening devices, specimens, and screening procedures;
(ii) On-site examination of documents
pertinent to employer registration, preliminary screening performed by the
employer or agent of the employer, and operator training; and
(iii) On-site interviews of employers and
employees involved in performing, supervising, or managing preliminary
screening.
(3) Sanctions.
(a) Imposition. If the Secretary finds that
an employer or agent of an employer is not in compliance with a requirement or
standard of this chapter, the Secretary may impose one or more of the following
sanctions on the employer, agent of the employer, or both:
(i) Suspension of a letter or letters of
registration;
(ii) Revocation of a
letter or letters of registration;
(iii) A direct plan of correction;
(iv) A limitation on preliminary screening;
and
(v) Required training and
technical assistance.
(b) Departmental Actions. The Secretary shall
carry out actions related to the imposition or lifting of sanctions involving
preliminary screenings in the same manner as those involving a laboratory, as
set forth in COMAR 10.10.08, including the providing of notice and
hearings.
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