Ch. 347

1996 LAWS OF MARYLAND

(D) AN APPOINTING AUTHORITY MAY IMPOSE APPROPRIATE DISCIPLINARY
ACTION, INCLUDING TERMINATION, AGAINST AN EMPLOYEE UNDER THE STATE
SUBSTANCE ABUSE POLICY, IF:

(1)     THE EMPLOYEE RECEIVES PROBATION BEFORE JUDGMENT IN A
SUBSTANCE ABUSE OFFENSE; AND

(2)     THE APPOINTING AUTHORITY CAN DEMONSTRATE A RELATIONSHIP
BETWEEN THAT SUBSTANCE ABUSE OFFENSE AND THE EMPLOYEE'S JOB
RESPONSIBILITIES.

(E) AN EMPLOYEE WHO CONSUMES AN ALCOHOLIC BEVERAGE IN THE
WORKPLACE OR HAS AN ALCOHOL CONCENTRATION OF .02 OR MORE WHILE ON
DUTY:

(1) SHALL BE IN VIOLATION OF THE STATE SUBSTANCE ABUSE POLICY
AND SUBJECT TO DISCIPLINARY ACTION; AND

(2) MAY NOT DRIVE A STATE VEHICLE OR OPERATE STATE
CONSTRUCTION EQUIPMENT DURING THE EMPLOYEE'S NORMAL WORK DAY.

(F) (1) EMPLOYEES WHO ARE CALLED IN TO WORK OUTSIDE OF THEIR
REGULARLY SCHEDULED HOURS SHALL BE PROVIDED THE OPPORTUNITY TO
ACKNOWLEDGE THEY HAVE CONSUMED ALCOHOL WITHIN THE PREVIOUS FOUR
HOURS OR HAVE REASON TO BELIEVE THAT THEIR ALCOHOL CONCENTRATION
LEVEL WOULD BE .02 OR MORE.

(2) THE EMPLOYEES WHO MAKE AN ACKNOWLEDGMENT UNDER
PARAGRAPH (1) OF THIS SUBSECTION MAY NOT BE SUBJECT TO DISCIPLINARY
ACTION AND MAY NOT BE ASSIGNED TO PERFORM A SAFETY-SENSITIVE FUNCTION.

2-307.

(A)    A STATE EMPLOYEE MAY NOT DIRECTLY SUPERVISE THE EMPLOYEE'S
PARENT, SPOUSE, SIBLING, OR CHILD.

(B)     A STATE EMPLOYEE MAY NOT USE, THREATEN TO USE, OR ATTEMPT TO
USE POLITICAL INFLUENCE OR THE INFLUENCE OF ANY STATE EMPLOYEE OR
OFFICER IN GAINING AN UNFAIR ADVANTAGE IN ANY PERSONNEL DECISION
AFFECTING THE EMPLOYEE, INCLUDING A DECISION ABOUT PROMOTION,
TRANSFER, LEAVE OF ABSENCE, OR INCREASED PAY, OR IN DISCIPLINARY ACTIONS.

(C)     A STATE EMPLOYEE MAY NOT USE, THREATEN TO USE, OR ATTEMPT TO
USE PERSONAL INFLUENCE IN PROVIDING AN UNFAIR ADVANTAGE TO ANOTHER
INDIVIDUAL IN ANY PERSONNEL DECISION, INCLUDING A DECISION ABOUT HIRING,
PROMOTION, TRANSFER, LEAVE OF ABSENCE, OR INCREASED PAY, OR IN
DISCIPLINARY ACTIONS.

(D)    AN EMPLOYEE WHO VIOLATES THIS SECTION IS SUBJECT TO
DISCIPLINARY ACTION, INCLUDING THE TERMINATION OF STATE EMPLOYMENT.

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