Maryland Agreement for Drug Testing with Drug Testing Service
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How to fill out Agreement For Drug Testing With Drug Testing Service?
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FAQ
In Maryland, businesses are allowed to require job applicants to take drug tests as a condition of employment. Under Maryland law, businesses can only test employees for a legitimate business purpose. Furthermore, the sample must be tested by a licensed laboratory.
Asking About Legal Drug Use The EEOC memo says that you can't ask employees about prior or present legal drug use, unless the question is innocuous and won't bring out information about a disability.
Prior to making an offer, an employer may ask an applicant whether he or she is currently using, or has in the past used, illegal drugs or alcohol as long as the questions are not likely to elicit information about past drug addiction, which is a disability under the Americans with Disabilities Act (ADA).
Maryland is a mandatory state, which means any employer wishing to conduct drug and/or alcohol testing within this state must do so according to the statute, regulations, and court decisions that apply. The law (17-214) does not require any employer to conduct drug or alcohol testing.
You're allowed to ask about current illegal drug use. But asking might not be useful: few, if any, people would say yes. You'll get a clearer answer from a legal drug test.
The policy should be set out in your contract of employment or in the company handbook. Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.
It is an employment setting where all employees adhere to a program of policies and activities designed to provide a safe workplace, discourage alcohol and drug abuse and encourage treatment, recovery and the return to work of those employees with such abuse problems.
The Americans with Disabilities Act (ADA) restricts what employers can ask about use of drugs prescribed for you. The ADA applies to all employees. use, before they offer a job to the applicant.
If drugs are found at your place of business or identified on an employee, law enforcement should be contacted to prevent potential liability issues, since the illegal substances are at a place of work.
If you have a reasonable suspicion of an employee's drug use, so long as you follow your state's laws for performing an employee drug test, there is generally no legal concern. If the test comes back positive, you will usually be clear to terminate, or discipline the employee, for cause.