DRUG TESTING FOR JOB APPLICANTS MADE EASIER IN MARYLAND

Maryland law permits employers to conduct pre-employment drug testing of job applicants, unless the employer has entered into a collective bargaining agreement, which prohibits it. Previously, these tests had to be conducted by an independent laboratory. This process could take up to 7 days and cost between $42 and $52 per test, and a prospective employee who tested positive could then have the test reviewed by a different laboratory. Given the time and expense of the process, Senate Bill 652, Controlled Dangerous Substance Testing for Job Applicants, was passed and was signed into law on May 18, 2001. This new law allows pre-employment drug testing to be conducted more quickly and inexpensively, and is similar to laws passed in 42 other states.

Employers in Maryland may now conduct on-site pre-employment drug testing through the use of a FDA approved drug test kit. These kits provide immediate results that are as accurate as laboratory testing. The new law requires that any positive test results be sent to an independent laboratory for confirmation. The test would then be reviewed by the company's medical review officer. These test kits cost between $22 and $33.

An employer, to comply with the new law:

Must collect, handle, store, and ship the specimen in a manner that protects the
confidentiality and physical integrity of the specimen;

Must maintain a written record of the chain of custody of the specimen;
Must have a laboratory verify positive results;

Must have a trained medical officer review a positive result; and

Must provide a job applicant or employee who tested positive with a copy of the
results,

A copy of the employer's policy on drugs and alcohol, written notice of the
employer's intent regarding current employees and disciplinary actions, and a copy
of the law that allows an employee or job applicant to request independent testing.

If you have any questions regarding the testing process or disclosures, please give
us a call.