State:	Maryland
Statute of Order:	Md. Code Ann. Health Gen. §17-214
Covered Employers:	All employers.
Applicant Testing:	Applicant testing not subject to restriction.
Employee Testing:	Employee testing authorized if supported by legitimate business reason.
Conditions & Methods:	Testing only by certified laboratory. Confirming test after positive result at employee's expense.
Pass Drug Testing Bulletpoints:	An existing collective bargaining agreement with contrary provisions may prohibit an employer from conducting preliminary drug screening of job applicants. Maryland’s Department of Mental Health and Hygiene is tasked with certifying laboratories that may conduct alcohol or controlled dangerous substance testing for employment purposes. Drug testing must be done by duly certified testing laboratories only. The services of a medical review officer may be required for confirmed positive test results. Maryland drug testing laws allow for the use of hair specimen for pre-employment purposes only. The hair sample must only be one and half inches long from the body and cannot be used for purposes other than for testing for presence of controlled dangerous substances. In case of a confirmed positive test result, the employer shall provide the donor employee within 30 days a copy of the test results, a copy of the employers’ written policy, the employer’s written notice of intent to take appropriate action, and a statement of employee’s right to request independent retesting for verifying the initial confirmed results. The information may be given personally by the employer or via certified mail. Employers pay for all employment required drug testing costs. For retesting, the donor employee pays the cost of the retest. Workers’ compensation benefits may be denied if personal injury of employee is due to unprescribed use of a controlled substance.

10 Things to Know To Pass A Drug Test In Maryland

1. A Mandatory State

Maryland is a mandatory State in the sense that all drugs or alcohol tests come under the purview of the State Law for the same. Any employer who wishes to conduct tests must adhere to this law.

2. Clearly Defined Written Policy

The employer must have a clear and defined ‘Policy’ that has been written down. Moreover, each and every employee of the employer must be provided with the written policy if the test has been confirmed as being positive.

3. Notice to the Employee

If the employee or contractor or any other person tested by the employer has tested positive, then he or she has to be given a notice for the same through a certified mail or in person, within 30 days of the employer having received the positive test result from the lab.

4. The Components of the Notice Given

The Notice given to the employee, contractor, or any other person must have the copy of the laboratory test results, the written policy of the employer regarding usage of drugs and other such substances and also written notice of any disciplinary action that the employer is thinking of taking against the concerned person. Along with these documents, the employer must also give the employee a copy of the various provisions as a party of the policy which would allow him/her the independent testing of the sample to verify the report of the lab test.

5. The Associate Costs

All costs associated with Drug Testing are to be borne by the employer. However, in the event that the donor employee asks for a retest then the cost of this retest is to be borne by the employee.

6. Where the Tests should be conducted?

On-site testing is permissible under Maryland Drug Testing Law. For this, a registration fee of $ 50 is charged every 2 years. Also, all confirmatory tests must be conducted at either:
• Center for Medicare and Medicaid Services
• CAP Accredited Labs
•Any Government Designated, Approved, or Certified Laboratory

7. Consequences of a Positive Test Result

Firstly, the screening of all initial screen results must be confirmed. Positive results, if any, could affect the concerned person’s eligibility for various benefits that are a part of the Worker’s Compensation Law of the State of Maryland.

8. Conducting the Tests

An HHS-certified lab must confirm all the tests. Hair testing is also allowed for applicants and all positive results must be confirmed by the lab must be reviewed by a Medical Review Officer. In Maryland, ‘retesting’ is considered to be a matter or right.

9. When to Conduct Tests

There are no underlined specifications for the same. The exception is tests related to job applicants.

10. Special Features

The State Law can be overridden by a collective bargaining agreement. Moreover, the employer must have proof of the qualification and training of the collector collecting the samples. All employers or agents using on-site testing or point-of-collecting tests must register themselves, for the same, with the State of Maryland.

PASS A DRUG TEST IN MARYLAND