COMAR 09.12.26.05. Drug and Alcohol Free Workplace and Substance Abuse Policy

A. An employer who employs individuals within a safety sensitive position shall have a drug and alcohol free workplace and substance abuse policy as required by this regulation.

B. The Commissioner designates crane operators, signal persons, riggers, and crane operator trainees as safety sensitive positions.

C. In addition to the positions designated by the Commissioner, an employer may designate other employees who work with or around cranes as being safety sensitive positions.

D. An employer's drug and alcohol free workplace and substance abuse policy shall, at a minimum, require:

(1) Mandatory drug or controlled substance and alcohol testing for all safety sensitive positions under the following circumstances:

(a) At the commencement of employment in a safety sensitive position;

(b) Under reasonable suspicion by the employer;

(c) Randomly; and

(d) Unless the medical condition of the employee does not permit it, immediately or not later than 24 hours following any incident for which crane operations were a direct or indirect cause and which involve:

(i) Property damage greater than $5,000;

(ii) Bodily injury; or

(iii) A fatality;

(2) Testing requirements that are consistent with 49 CFR Part 40, U.S. Department of Transportation, and Health-General Article, §17-214, Annotated Code of Maryland;

(3) A prohibition on employees working in a safety sensitive position while under the influence of alcohol, drugs, or a controlled substance, unless:

(a) An employee is using a controlled substance under the direction of a licensed physician who has advised the employee that the substance will not adversely affect the employee's ability to safely perform the duties assigned;

(b) The employee notifies their supervisor and provides written medical documentation from their physician; and

(c) The employer consents; and

(4) A prohibition on the use, possession, or manufacture of any unlawful drug or use of alcohol while at work.