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Session Laws, 1989
Volume 771, Page 4478   View pdf image
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Ch. 824                                       LAWS OF MARYLAND

(II) A COPY OF THE EMPLOYER'S WRITTEN POLICY ON
THE USE OR ABUSE OF CONTROLLED DANGEROUS SUBSTANCES OR ALCOHOL BY
EMPLOYEES, CONTRACTORS, OR OTHER PERSONS;

(III) IF APPLICABLE, WRITTEN NOTICE OF THE

EMPLOYER'S INTENT TO TAKE DISCIPLINARY ACTION, TERMINATE

EMPLOYMENT, OR CHANGE THE CONDITIONS OF CONTINUED EMPLOYMENT; AND

(IV) A STATEMENT OR COPY OF THE PROVISIONS SET
FORTH IN SUBSECTION (D) OF THIS SECTION PERMITTING AN EMPLOYEE TO
REQUEST INDEPENDENT TESTING OF THE SAME SAMPLE FOR VERIFICATION
OF THE TEST RESULT.

(2) THE INFORMATION REQUIRED TO BE PROVIDED TO THE
EMPLOYEE, CONTRACTOR, OR OTHER PERSON UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL BE DELIVERED TO THE EMPLOYEE, CONTRACTOR, OR
OTHER PERSON:
                                                                                         

(I)  EITHER IN PERSON OR BY CERTIFIED MAIL; AND

(II)  WITHIN 30 DAYS FROM THE DATE THE TEST WAS
PERFORMED.                                                       

(c) (D) (1) [An employee] A PERSON WHO IS REQUIRED TO
SUBMIT TO JOB-RELATED TESTING, UNDER SUBSECTION (B) OF THIS
SECTION, may request independent testing of the same sample for
verification of the test results by a laboratory that:

(i) Holds a permit under this subtitle; or

(ii) If located outside of the State, is
certified or otherwise approved under subsection (d) of this
section.

(2) The [employee] PERSON shall pay the cost of an
independent test conducted under this subsection.

(d) (E) (1) The Department of Health and Mental Hygiene
shall adopt regulations governing the certification of
laboratories that conduct job-related alcohol or controlled
dangerous substance testing.

(2) In addition to any other laboratory standards,
the regulations shall:

(i) Require that the laboratory comply with the
guidelines for laboratory accreditation as set forth by the
College of American Pathologists, the U.S. Health Care Financing
Administration (HCFA), or any other federal government agency or
program designated to certify or approve a laboratory that is
acceptable to the Secretary;

- 4478 -

 

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Session Laws, 1989
Volume 771, Page 4478   View pdf image
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