Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 11 - SOCIOECONOMIC POLICIES
Chapter 21.11.08 - Drug and Alcohol Free Workplace
Section 21.11.08.03 - Responsibility Determination
Universal Citation: MD Code Reg 21.11.08.03
Current through Register Vol. 51, No. 19, September 20, 2024
A. A bidder or offeror, other than an individual, may not be considered a responsible source for a procurement contract unless the bidder or offeror has certified, pursuant to COMAR 21.05.08.07B, that the bidder or offeror will provide a drug and alcohol free workplace by:
(1) Maintaining a workplace free of drug and
alcohol abuse during the term of the contract;
(2) Publishing a statement notifying its
employees that the unlawful manufacture, distribution, dispensing, possession,
or use of drugs, and the abuse of drugs or alcohol is prohibited in the
contractor's workplace, and specifying the actions that will be taken against
employees for violation of these prohibitions;
(3) Prohibiting its employees from working
under the influence of drugs or alcohol;
(4) Refusing to hire or assign to work on the
contract anyone whom the contractor knows, or in the exercise of due diligence
should know, currently abuses drugs or alcohol and is not actively engaged in a
bona fide drug or alcohol abuse assistance or rehabilitation program;
(5) Promptly informing the appropriate law
enforcement agency of each drug-related crime that occurs in its workplace, if
the contractor has observed the violation or otherwise has reliable information
that a violation has occurred;
(6)
Establishing drug and alcohol abuse awareness programs to inform its employees
about:
(a) The dangers of drug and alcohol
abuse in the workplace,
(b) The
contractor's policy of maintaining a drug and alcohol free workplace,
(c) Any available drug or alcohol counseling,
rehabilitation, and employee assistance programs, and
(d) The penalties that may be imposed upon
employees who abuse drugs and alcohol in the workplace;
(7) Providing all employees engaged in the
performance of a procurement contract with a copy of the statement required by
§A(2), above;
(8) Notifying
employees in the statement required by §A(2), above, that as a condition
of continued employment on the procurement contract, the employee shall:
(a) Abide by the terms of the statement,
and
(b) Notify the employer of any
criminal drug or alcohol abuse conviction for an offense occurring in the
workplace not later than 5 days after a conviction;
(9) Notifying the procurement officer within
10 days after receiving notice under §A(8)(b), above, or otherwise
receiving actual notice of a conviction;
(10) Within 30 days after receiving notice
under §A(8)(b), above, or otherwise receiving actual notice of a
conviction, imposing one or more of the following sanctions or remedial
measures on any employee who is convicted of a drug or alcohol abuse offense
occurring in the workplace:
(a) Taking
appropriate personnel action against an employee, up to and including
termination, or
(b) Requiring an
employee to satisfactorily participate in a bona fide drug or alcohol abuse
assistance or rehabilitation program; and
(11) Making a good faith effort to maintain a
drug and alcohol free workplace through implementation of §A(1)-(10),
above.
B. An individual may not be considered a responsible bidder or offeror for a procurement contract unless that individual certifies, pursuant to COMAR 21.05.08.07B, that the individual will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the procurement contract.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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