Q. Is drug testing permitted under Maryland law? —L.R., Maryland
A. Yes, but Maryland requires employers who wish to conduct drug tests to have a written policy on the topic. Maryland employers may test applicants and employees as long as testing is in accordance with “legitimate business purposes.” An employee who tests positive must be given a copy of the results, a copy of the employer's policy, a notice stating the right to independent verification of the test results and a notice of the employer's intent to take action.
Other states have similar requirements, including Alaska, Arizona and Minnesota. Because restrictions on drug testing vary widely, check your state's law before starting any testing program.
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