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10.10.10.00.htm
| 10.10.10.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 10 LABORATORIES Chapter 10 Job-Related Alcohol and Controlled Dangerous Substances Testing Authority: Health-General Article, §17-202 and 17-214, Annotated Code of Maryland |
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10.10.10.01.htm
| 10.10.10.01. 01 Purpose.. This chapter provides for the protection of employers, employees, and the public by setting fair and effective job-related alcohol and controlled dangerous substances testing standards to ensure accurate and reliable test results and to promote drug-free workplaces. |
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10.10.10.02.htm
| 10.10.10.02. 02 Scope.. A. This chapter provides the standards and procedures that employers, employees, and the Secretary shall meet when job applicants and employees are required to undergo job-related alcohol and controlled dangerous substances testing.B. This chapter does not apply to:. 1) A person who is subject to federal or State commercial motor vehicle statutes or regulations concerning alcohol and controlled dangerous substances testing, to the extent that those statutes or reg |
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10.10.10.03.htm
| 10.10.10.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Agent of the employer" means a person other than the employer or a licensed medical laboratory that employs individuals who perform preliminary screening of job applicants for controlled dangerous substances on behalf of the employer.2) "Chain-of-custody" means a method of tracking an individual's specimen for the purpose of maintaining control and accounta |
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10.10.10.04.htm
| 10.10.10.04. 04 Responsibilities of the Secretary.. 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.. |
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10.10.10.05.htm
| 10.10.10.05. 05 Employer Requirements.. An employer who for job-related reasons requires an individual to be tested for alcohol or controlled dangerous substances shall:A. Have the specimen tested by a laboratory that holds a Maryland license in the discipline of job-related alcohol and controlled dangerous substances testing; andB. At the time of testing and at the individual's request, inform the person of the name and address of the laboratory that will test the specimen. |
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10.10.10.06.htm
| 10.10.10.06. 06 Permissible Specimens.. A. General. An employer requiring job-related alcohol or controlled dangerous substances testing shall require that:1) A job applicant provide only one or more of the following types of specimen:. a) Blood;. b) Urine;. c) Saliva; and. d) Hair; and. 2) An employee or contractor provide only one or more of the following types of specimen:. b) Saliva; and. c) Urine.. B. Specimen Types. An employer requiring job-related alcohol or controlled |
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10.10.10.07.htm
| 10.10.10.07. 07 Specimen Collection and Handling Procedures.. A. Chain of Custody. A person collecting a specimen shall employ quality assurance and chain-of-custody procedures that include:1) Collecting a specimen in a sealed container that has a non-resealable closure or an evidentiary tape that assures detection of any tampering;2) Collecting, handling, storing, and shipping a specimen in a manner that:. a) Maintains its identity, confidentiality, and physical integrity; and. |
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10.10.10.08.htm
| 10.10.10.08. 08 Protections for Job Applicants, Employees, and Contractors.. 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 wit |
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10.10.10.09.htm
| 10.10.10.09. 09 Confidentiality.. A. General. Except as otherwise provided in an employer's written drug testing policy, in this regulation, or in Health-General Article, §17-214, Annotated Code of Maryland, all information, interviews, reports, statements, memoranda, and test results received or produced as a result of job-related alcohol or controlled dangerous substances testing are confidential and may be released only under a lawful subpoena, court order, or a release signed |
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10.10.10.10.htm
| 10.10.10.10. 10 Preliminary Screening by an Employer or Agent of the Employer.. A. In addition to any other applicable requirements in this chapter, an employer or agent of the employer that performs a preliminary preemployment screening procedure for a controlled dangerous substance on a job applicant shall meet the standards set forth in this regulation.B. Registration Requirement. An employer or agent of the employer shall register the employer initially and every 2 years the |
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10.10.10.9999.htm
| 10.10.10.9999. Administrative History Effective date: October 5, 1998 (25:20 Md. R. 1529) ― Chapter, COMAR 10.10.05, recodified to COMAR 10.10.10 effective December 13, 1999 (26:25 Md. R. 1897)Regulation .03B amended effective February 18, 2002 (29:3 Md. R. 220) December 11, 2003 (30:24 Md. R. 1741)Regulation .04 repealed and new Regulation .04 adopted effective February 18, 2002 (29:3 Md. R. 220). Regulation .06 amended effective February 18, 2002 (29:3 Md. R. 220) Decemb |
