PocketPart40 State Laws at a Glance is a collaboration with professionals across the workplace drug testing industry to provide a free resource on workplace drug testing laws, regulations, legislation, issues of interest and significant case authority. See disclaimer below.
1) Workers Compensation Voluntary Premium Reduction State
No
2) Employers Covered by Federal Drug Free Workplace Act
No
3) State Constitution Privacy Provision
No
4) Penalties and Remedies for Employer Non-Compliance
Yes
5) Significant Testing Restrictions
No
6) Disability Coverage
7) Drug and Alcohol Testing Restrictions
No
8) Worker’s Compensation Disqualification Laws
Yes
9) Unemployment Compensation Disqualification Laws
No
10) Alcohol Cut-off Levels
Not Specified
11) Substances Allowed for Testing
Not Specified
· Substances Cut-off Levels
SAMHSA
12) Drug Specimen Types
Urine, Saliva, Blood (for all) and Hair (only for dangerous controlled substances) is allowed for Pre-employment only.
13) Types of Drug Testing and Restrictions
· Pre Employment
Allowed but not required
· Reasonable Cause
Allowed but not required
· Random
Allowed but not required
· Post Accident
Allowed but not required
· Follow-up Testing
Allowed but not required
14) Restrictions on Types of Workplace Drug Tests
No
15) Collection Procedures
· Generally
· Observed Collections
Not Specified
· Split Specimen
Not Specified
16) Drug Testing Falsification Law
Yes
17) Point-of-Collection Device
· Urine
· Oral Fluids
18) Safety-Sensitive Restriction
Not Specified
19) Laboratory Based Testing
· Laboratory Certifications
Laboratory must be certified by MD Dept. of Health & Mental Hygiene, CAP or HCFA.
· Oral Fluids
Prohibited except for pre-employment purposes
· Hair Testing
Not Specified
20) Notification of Test Results
Employee or applicant must receive within 7 days a copy of the written policy, test result, notice of availability of re-testing and anticipated disciplinary action
21) Rehabilitation Requirements
Not Specified
22) Retest Required
Yes
23) Wage Payment Requirements
Employer Responsibility
24) Disciplinary Action Restriction
25) State CDL DMV Reporting
26) State Medical Marijuana Laws
Yes
27) Union Agreements
28) Unique to State Issues
29) State Enforcement Agency
30) Web Resources
31) Significant Case Authority
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This blog is for educational purposes only and does not constitute legal advice. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers."
PocketPart40 Editors:
Tommy Eden is a management labor & employment law attorney with Constangy, Brooks & Smith, LLP who is licensed to practice in Alabama and Georgia
Dr. C.B. Thuss, Jr. is a Certified Medical Review Officer. cthuss@gmail.com or 205-283-1040
Maryland Contributors:
