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 10.10.10.08 - Protections for Job Applicants, Employees, and Contractors
Universal Citation: MD Code Reg 10.10.10.08
Current through Register Vol. 51, No. 19, September 20, 2024
A. Notice of Positive Test Results.
(1) An employer who
requires a job applicant, employee, or contractor to be tested for job-related
reasons for the use or abuse of a controlled dangerous substance or alcohol and
who receives notice that a job applicant, employee, or contractor has tested
positive for a controlled dangerous substance or alcohol shall provide to the
job applicant, employee, or contractor with a confirmed positive test result:
(a) A copy of the laboratory test indicating
the test results;
(b) A copy or
written summary of the employer's policy covering an employee, contractor, or
job applicant with a confirmed positive test result;
(c) If applicable, written notice of the
employer's intent to take disciplinary action, terminate employment, or change
the conditions of continued employment; and
(d) A statement or copy of the provisions set
forth in §B of this regulation permitting a job applicant, employee, or
contractor to request independent testing of the same sample for verification
of the test result.
(2)
The employer shall deliver the information required to be provided under
§A of this regulation to the job applicant, employee, or contractor:
(a) Either in person or by certified mail;
and
(b) Within 7 days from the date
confirmed positive test results are received by the employer.
B. Right to an Independent Test.
(1) Challenge. A job
applicant, employee, or contractor who is required to submit to job-related
alcohol or controlled dangerous substances testing may request that an
independent test be performed on the same specimen in a confirmation test by:
(a) Notifying the employer and the laboratory
that performed the confirmation test of the challenge to that test result;
and
(b) Requesting that laboratory
to submit a sufficient portion of the original specimen to a different
laboratory chosen by the job applicant, employee, or contractor and licensed by
the Secretary to perform alcohol or controlled dangerous substances
testing.
(2) Testing
Sensitivity. The job applicant, employee, or contractor shall employ as an
independent testing laboratory one that will perform the independent test using
detection levels for alcohol or controlled dangerous substances equal to or
lower than those provided by the laboratory that performed the initial
confirmation test.
(3) Costs. The
job applicant, employee, or contractor shall pay all costs of independent
testing including any costs associated with specimen handling and
transport.
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