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Session Laws, 1989
Volume 771, Page 4477   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 824
17-214.1.

(a)  In this section the following words have the meanings
indicated.

(1)   "Alcohol or controlled dangerous substance
testing" means a procedure used to determine whether or not a
specimen contains a controlled dangerous substance or alcohol.

(2)   "Certification" means the approval granted by the
Department for a laboratory to engage in job-related alcohol or
controlled dangerous substance testing.

(3)   "Controlled dangerous substance" has the meaning
stated in Article 27, § 277 of the Code.

(4)   "Job-related" means any alcohol or controlled
dangerous substance testing used by an employer for a legitimate
business purpose.

(5)   "Laboratory" means a facility or other entity
that conducts job-related alcohol or controlled dangerous
substance testing.

(b)  An employer who requires any [employee, contractor, or
other] person to be tested for job-related reasons for the use or
abuse of any controlled dangerous substance or alcohol shall:

(1)  Have the specimen tested by a laboratory that:

(i) Holds a permit under this subtitle; or

(ii) Is located outside of the State and is
certified or otherwise approved under subsection (d) of this
section; and

(2)  At the time of testing, at the [employee's]
PERSON'S request, inform the [employee] PERSON of the name and
address of the laboratory that will test the specimen.

(C) (1) AN EMPLOYER WHO REQUIRES ANY EMPLOYEE, CONTRACTOR,
OR OTHER PERSON TO BE TESTED FOR JOB-RELATED REASONS FOR THE USE
OR ABUSE OF ANY CONTROLLED DANGEROUS SUBSTANCE OR ALCOHOL AND WHO
RECEIVES NOTICE THAT AN EMPLOYEE, CONTRACTOR, OR OTHER PERSON HAS
TESTED POSITIVE FOR THE USE OR ABUSE OF ANY CONTROLLED DANGEROUS
SUBSTANCE OR ALCOHOL SHALL, AFTER CONFIRMATION OF THE TEST
RESULT, PROVIDE THE EMPLOYEE, CONTRACTOR, OR OTHER PERSON WITH:

(I) A COPY OF THE LABORATORY TEST INDICATING
THE TEST RESULTS;

- 4477 -

 

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Session Laws, 1989
Volume 771, Page 4477   View pdf image
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