In accordance with §17–214, Maryland employers have the right to mandate employee and pre-screening drug tests. A medical review officer may be required to review a confirmed positive test result. The employer must cover all costs of drug testing, unless the employee requests a second test be conducted, in which case they will be responsible for any associated costs.

Can Current Employees Be Tested? Yes, employee drug testing may be mandated as long as the employer has a legitimate business reason for requiring the test.

Is Certified Testing Required? Yes.

Laws – §17–214

What can be Tested? The required samples used to perform a drug test can be in the form of the subject’s urine, blood, and oral fluid. A subject may be required to provide a hair sample for pre-employment screening only.

How to Conduct a Legal Drug Test

Step 1 – Before having a drug test performed, an employee must fill out a Drug Test Release Form giving their consent for testing. Next, the employee will need to provide their employer with a mandated physical sample.

Step 2 – The employer will then have the sample tested by a certified laboratory. A list of certified testing labs can be found on the Substance Abuse and Mental Health Association’s (SAMHSA) website.

Step 3 – Once the employer has received the test result, if a subject has a positive test result, the employer must provide said employee with a copy of the test results within 30 days. If the employer has the intent to take adverse action, they must provide the employee with a written statement of this intent, a copy of the employer’s policy regarding this situation, and a statement of the employee’s right to request a second testing to verify the result.