S.B. 727

VETOES

(4) (5) "MARINE FACILITY" MEANS A TERMINAL OR STORAGE
STRUCTURE OR FACILITY USED FOR THE PURPOSE OF HANDLING, STORING,
LOADING, OR UNLOADING FREIGHT IN THE PORT OF BALTIMORE.

(5) (6) "PROGRAM" MEANS THE MARYLAND PORT COMMISSION AN
ALCOHOL-FREE AND DRUG-FREE WORKPLACE PROGRAM FOR A MARINE FACILITY
THAT MEETS THE REQUIREMENTS OF THIS SECTION.

(6) (7) (I) "SAFETY-SENSITIVE EMPLOYEE" MEANS AN EMPLOYEE
WHO OPERATES HEAVY MACHINERY.

(II) "SAFETY-SENSITIVE EMPLOYEE" INCLUDES, BUT IS NOT
LIMITED TO:

1. AN OPERATOR OF A CRANE, WINCH, OR TOPLOADER;
AND

2. A DRIVER OF A HUSTLER OR FORKLIFT.

(B) (1) THERE IS A MARYLAND PORT COMMISSION ALCOHOL-FREE AND
DRUG-FREE WORKPLACE PROGRAM.

(2) THE COMMISSION SHALL ADOPT REGULATIONS ESTABLISHING THE
PROGRAM AND APPOINTING AN ALCOHOL-FREE AND DRUG-FREE WORKPLACE
COMMITTEE TO ADMINISTER THE PROGRAM.

(B)    THIS SECTION DOES NOT APPLY TO:

(1) EMPLOYEES, CONTRACTORS, INDEPENDENT CONTRACTORS, OR
AGENTS OF THE MARYLAND PORT ADMINISTRATION;

(2) VESSEL EMPLOYEES WHO DO NOT HANDLE CARGO VESSEL
EMPLOYEES, OR EMPLOYEES OF CONTRACTORS OR SUBCONTRACTORS THAT ATTEND
VESSELS, WHO DO NOT LOAD OR UNLOAD CARGO BETWEEN A VESSEL AND A PIER OR
FROM ONE STOWAGE POSITION TO ANOTHER ON A VESSEL ATA MARINE FACILITY, OR

(3) INDIVIDUALS OR EMPLOYEES REQUIRED BY FEDERAL OR STATE
LAW TO COMPLY WITH 49 CFR PARTS 40 AND 382 OF THE FEDERAL MOTOR CARRIER
SAFETY REGULATIONS.

(C)     PERSONS THAT LEASE SPACE AT A MARINE FACILITY FROM THE
PROGRAM MARYLAND PORT ADMINISTRATION SHALL IMPLEMENT A PROGRAM
THAT:

(1)     PROHIBIT PROHIBITS THE SALE, PURCHASE, TRANSFER, USE, OR
POSSESSION OF ALCOHOL OR DRUGS AT A PORT FACILITY;

(2)     PROVIDE FOR PROVIDES A PLAN THAT INCLUDES THE
NONDISCRIMINATORY ADMINISTRATION OF TESTS FOR THE PRESENCE OF
ALCOHOL OR DRUGS IN ACCORDANCE WITH ESTABLISHED TESTING PROCEDURES,
INCLUDING RANDOM, PRE-EMPLOYMENT, REASONABLE CAUSE, POST ACCIDENT,

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