§ 511. Definitions As used in this subchapter: (1) “Applicant for employment” means an individual seeking or being sought for employment with an employer. (2) “Designated laboratory” means a laboratory designated by the Department of Health under section 518 of this title. (3) “Drug” means a drug listed or classified by the U.S. Drug Enforcement […]
§ 512. Drug testing of applicants; prohibitions; exceptions (a) General prohibition. Except as provided in subsection (b) of this section, an employer or an employment agency shall not, as a condition of employment, do any of the following: (1) request or require that an applicant for employment take or submit to a drug test; (2) […]
§ 513. 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: […]
§ 514. Administration of tests An employer may request an applicant for employment or an employee to submit to a drug test pursuant to this subchapter, provided the drug testing is performed in compliance with all the following requirements: (1) Drugs to be tested. The test shall be administered only to detect the presence of […]
§ 515. Positive test results; opportunity to retest (a) A medical review officer shall contact personally an employee or applicant who has a positive test result and explain the results and why the results may not be accurate. (b) The medical review officer shall provide any applicant or employee who has a positive test result […]
§ 516. Confidentiality (a) Any health care information about an individual to be tested shall be collected only by a medical review officer. This information shall be confidential and shall not be released to anyone except the individual tested, and may not be obtained by court order or process, except as provided in this subchapter. […]
§ 517. Employer’s authority This subchapter shall not restrict an employer’s authority to prohibit the nonprescribed use of drugs or alcohol during work hours, or restrict an employer’s authority to discipline, suspend, or dismiss an employee for being under the influence of drugs or alcohol during work hours, except as that authority is restricted under […]
§ 518. Designated laboratory; rule making authority of the Commissioner (a) The Department of Health shall designate laboratories to test body fluids or materials for drugs. Such laboratories must be able to document competency in regard to personnel, quality assurance programs, methodology and equipment, on site confirmation of positive screening tests, security, confidentiality, and expert […]
§ 519. Enforcement (a) Private right of action. An applicant or employee aggrieved by a violation of this subchapter may bring a civil action for injunctive relief, damages, court costs, and attorney’s fees. (b) Burden of proof. In a private right of action alleging that an employer has violated this subchapter, the employer has the […]
