Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

can your boss gather a drug test specimen in the state of maryland?

The owner of the company I worked for purchased a home drug test from a local drugstore and made me give her a specimen

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  • Anonymous
    1 decade ago
    Favorite Answer

    Looks like NO, the necessary standards were not met in the form of a Drugstore brand McDrugTest. It looks like you are entitled to legal recourse: a number of them:

    The bottom line is as follows but read to the end because there are additional legal procedures not followed:

    “’Laboratory Requirements: Only laboratories certified by the Alcohol Drug Abuse and Mental Health Administration (ADAMHA) may conduct drug tests.”

    MARYLAND: Under Md. Code Ann., Health-Gen. 17-214, employers may test their employees for drugs and alcohol for any "legitimate business purpose." However, the statute outlines specific procedural requirements and employee rights in cases where positive results may be used for discipline.

    http://www.workrights.org/issue_drugtest/dt_legisl...

    Are drug tests reliable?

    No, the drug screens used by most companies are not always reliable. Commonly used drug tests yield false positive results at least 10 percent, and possibly as much as 30 percent, of the time.7

    Unreliability also stems from the tendency of drug screens to confuse similar chemical compounds. For example, codeine and Vicks Formula 44-M have been known to produce positive results for heroin, Advil for marijuana, and Nyquil for amphetamines. Other substances known to cause false positives include Nuprin, Contac, Sudafed, certain herbal teas and poppy seeds.8

    Although more accurate tests are available, they are expensive and infrequently used. And even the more accurate tests can yield inaccurate results due to laboratory error. In October, 1990, the National Institute on Drug Abuse launched an investigation into the widely used federal drug testing procedure after learning that a government- certified laboratory incorrectly reported workers had tested positive for illegal methamphetamine when in fact they had been using over-the-counter cold or asthma medicines.9

    SUMMARY OF MODEL STATUTE

    The model statute, which aims to prevent drug testing abuses in the workplace, contains the following key provisions:

    0.Notice: The employer is required to notify employees in writing of the employer's drug testing policies.

    0.Employee Testing: An employee can be drug tested only if the employer has reasonable suspicion that he or she is under the influence of alcohol and/or other drugs.

    0.Applicant Testing: A job applicant can be drug tested only if the employer has reasonable suspicion that the applicant is under the influence of alcohol and/or other drugs.

    0.Impairment Evaluation Procedure: Before a drug test can be administered, a drug recognition expert must physically examine and interview the employee or applicant to determine if a drug test is warranted.

    0.Providing the Sample: Under no circumstances may an individual be observed while providing a urine sample.

    0.Laboratory Requirements: Only laboratories certified by the Alcohol Drug Abuse and Mental Health Administration (ADAMHA) may conduct drug tests.

    0.Right to a Hearing: Employees have the right to a hearing to contest the employer's right to test, the accuracy of the test or personnel decisions based on the test.

    0.Rehabilitation and Treatment: The employer must provide drug abuse assessment and an opportunity for treatment if treatment is recommended, and the cost of treatment is equally divided between employer and employee.

    0.Confidentiality of Test Results: Information concerning a drug test cannot be released without the written consent of the employee.

    Remedies for Violations: Any aggrieved person can bring a civil damages action in court, and anyone who knowingly violates the law may be guilty of a misdemeanor.

    Kick up some $hit: you are entitled to!

    Source(s): You employer is so far for certain guilty of a misdemeanour: but whose knows what a civil rights lawyer can bring to the fore: it's what they're trained to do. Good Luck!!!
  • 3 years ago

    India had an in depth to proper tournament after Australia's first innings batting,i thought it became good first innings from Aussies yet India scored so rapid with the aid of Dhawan and co and Australia's 2nd innings capitulation that surpassed off so without postpone on the final day can't be defined even via Ian Chappell.Batting for India clicked so properly in this sequence,that they had an in depth to proper tournament.Australia ought to've drawn this tournament yet they ended up dropping on the final day with the aid of a pair undesirable batting in 2nd innings.

  • 1 decade ago

    NO -- not without some sort of valid reason or court order. The results are suspect unless, of course, your boss is a doctor or other medical care provider.

  • Anonymous
    1 decade ago

    Well it shouldn't bother you..... unless you have something to hide.

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