Recently, guidelines and definitions have been clarified regarding certain employer drug and alcohol testing procedures in Maryland, which may impact some of your business practices.
According to Maryland's general drug and alcohol testing statute, MD-Health-General §17-214, all drug and alcohol testing required by employers of non-Department of Transportation job applicants, employees or contractors must meet comprehensive legal requirements pursuant to Maryland's drug and alcohol testing statute. Specifically, the only permitted specimens for current employees or contractors are blood, urine and saliva. Hair samples may only be used to test for alcohol for pre-employment purposes. This measure is to ensure the specimen can be preserved for retesting at a later date.
Under the current Maryland law, an employer CANNOT require or request that a non-Department of Transportation job applicant, employee or contractor submit for a breath alcohol test, regardless of the employer's intent. In order to be compliant with the Maryland laws - Liberty and Liberty's drug testing partners will not provide or perform breath alcohol tests (BATs) on non-Department of Transportation employees in Maryland centers. Liberty recommends saliva testing in lieu of breath alcohol testing.