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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
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.
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
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
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..
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.
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
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.
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
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
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
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
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