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240 250 260 270 280 290 300 310 320 330 340 AN ACT CONCERNING Prohibiting drug testing of employees; with exceptions FOR the purpose of prohibiting employee drug testing by employers except when an employer has probable cause to believe the employee is using or is under the influence of a drug on the job and has made available for the employee a bona fide rehabilitation program. BY adding to Article- Labor and Employment Title- 3. Employment Standards and Conditions Subtitle- 11. Drug Testing of Employees SECTION 1. BE IT ENACTED BY THE MARYLAND STUDENT LEGISLATURE, That the Laws of Maryland read as follows: 3-1101. DRUG TESTING OF EMPLOYEES; PROHIBITIONS; EXCEPTIONS (a) GENERAL PROHIBITION. EXCEPT AS PROVIDED IN SUBSECTION (c) OF THIS SECTION, AN EMPLOYER SHALL NOT, AS A CONDITION OF EMPLOYMENT, PROMOTION OR CHANGE OF STATUS OF EMPLOYMENT, OR AS AN EXPRESSED OR IMPLIED CONDITION OF A BENEFIT OR PRIVILEGE OF EMPLOYMENT, DO ANY OF THE FOLLOWING: (1) REQUEST OR REQUIRE THAT AN EMPLOYEE TAKE OR SUBMIT TO A DRUG TEST. (2) ADMINISTER OR ATTEMPT TO ADMINISTER A DRUG TEST TO AN EMPLOYEE. (3) REQUEST OR REQUIRE THAT AN EMPLOYEE CONSENT, DIRECTLY OR INDIRECTLY, TO A PRACTICE PROHIBITED UNDER THIS SUBTITLE. (b) RANDOM OR COMPANY-WIDE TESTS. AN EMPLOYER SHALL NOT REQUEST, REQUIRE OR CONDUCT RANDOM OR COMPANY-WIDE DRUG TESTS EXCEPT WHEN SUCH TESTING IS REQUIRED BY FEDERAL LAW OR REGULATION. (c) EXCEPTION. NOTWITHSTANDING THE PROHIBITION IN SUBSECTION (a) OF THIS SECTION, AN EMPLOYER MAY REQUIRE AN INDIVIDUAL EMPLOYEE TO SUBMIT TO A DRUG TEST IF ALL THE FOLLOWING CONDITIONS ARE MET: (1) PROBABLE CAUSE. THE EMPLOYER HAS REASONABLE GROUNDS

A013-1213 350 360 370 380 390 400 410 420 430 440 450 460 470 480 490 500 510 520 530 540 550 560 570 580 590 600 610 620 630 640 650 660 670 680 690 700 710 720 TO BELIEVE BASED ON SPECIFIC ASPECTS OF THE EMPLOYEE'S JOB PERFORMANCE AND SPECIFIC CONCURRENT OBSERVATIONS, CAPABLE OF BEING ARTICULATED, CONCERNING THE EMPLOYEE'S APPEARANCE, BEHAVIOR OR SPEECH THAT THE EMPLOYEE'S USE OF CONTROLLED SUBSTANCES IS IMPAIRING HIS OR HER ABILITY TO PERFORM HIS OR HER JOB. (2) EMPLOYEE ASSISTANCE PROGRAM. THE EMPLOYER HAS AVAILABLE FOR THE EMPLOYEE TESTED A BONA FIDE REHABILITATION PROGRAM FOR ALCOHOL OR DRUG ABUSE AND SUCH PROGRAM IS PROVIDED BY THE EMPLOYER OR IS AVAILABLE TO THE EXTENT PROVIDED BY A POLICY OF HEALTH INSURANCE OR UNDER CONTRACT BY A NONPROFIT HOSPITAL SERVICE CORPORATION. (3) EMPLOYEE MAY NOT BE TERMINATED. THE EMPLOYEE MAY NOT BE TERMINATED IF THE TEST RESULT IS POSITIVE AND THE EMPLOYEE AGREES TO PARTICIPATE IN AND THEN SUCCESSFULLY COMPLETES THE EMPLOYEE ASSISTANCE PROGRAM; HOWEVER, THE EMPLOYEE MAY BE SUSPENDED ONLY FOR THE PERIOD OF TIME NECESSARY TO COMPLETE THE PROGRAM, BUT IN NO EVENT LONGER THAN THREE MONTHS. THE EMPLOYEE MAY BE TERMINATED IF, AFTER COMPLETION OF AN EMPLOYEE ASSISTANCE PROGRAM, THE EMPLOYER SUBSEQUENTLY ADMINISTERS A DRUG TEST IN COMPLIANCE WITH SUBDIVISIONS (1) AND (4) OF THIS SUBSECTION AND THE TEST RESULT IS POSITIVE. (4) ADMINISTRATION OF TEST. THE DRUG TEST IS ADMINISTERED IN ACCORDANCE WITH SECTION 17-214 OF HEALTH- GENERAL. 3-1102. ENFORCEMENT (a) PRIVATE RIGHT OF ACTION. AN EMPLOYEE AGGRIEVED BY A VIOLATION OF THIS SUBTITLE MAY BRING A CIVIL ACTION FOR INJUNCTIVE RELIEF, DAMAGES, COURT COSTS AND ATTORNEY'S FEES. (b) STATE ACTION TO OBTAIN CIVIL PENALTY. A PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN $500.00 NOR MORE THAN $2,000.00. (c) STATE ACTION TO OBTAIN CRIMINAL PENALTY. A PERSON WHO KNOWINGLY VIOLATES ANY PROVISION OFTHIS SUBTITLE SHALL BE FINED NOT LESS THAN $500.00 NOR MORE THAN $1,000.00 OR SHALL BE IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH. SECTION 2. AND BE IT FURTHER ENACTED, That this act shall take effect

A013-1213 730 740 750 760 770 780 790 800 810 820 830 October 1, 2013 MANDATES: Martin OMalley, Governor of Maryland 100 State Circle Annapolis, Maryland 21401-1925 Thomas V. Mike Miller, President of the Maryland State Senate State House, H-107 Annapolis, MD 21401-1991 Michael E. Busch, Speaker of the House of Delegates State House, H-101 Annapolis, Maryland 21401-1991

SPONSOR: Elizabeth Robinson University of Maryland, College Park COSPONSORS: Katie Cauley University of Maryland, College Park Robert Brooking, UMCP Delegation Chairperson University of Maryland, College Park