<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 09.12.26.05" title_num="09" subtitle_num="12" chapter_num="26" heading="Drug and Alcohol Free Workplace and Substance Abuse Policy.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Commissioner designates crane operators, signal persons, riggers, and crane operator trainees as safety sensitive positions.</text>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>An employer's drug and alcohol free workplace and substance abuse policy shall, at a minimum, require:</text>
    <paragraph num="(1)">
      <text>Mandatory drug or controlled substance and alcohol testing for all safety sensitive positions under the following circumstances:</text>
      <paragraph num="(a)">
        <text>At the commencement of employment in a safety sensitive position;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Under reasonable suspicion by the employer;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Randomly; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>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:</text>
        <paragraph num="(i)">
          <text>Property damage greater than $5,000;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Bodily injury; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A fatality;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A prohibition on employees working in a safety sensitive position while under the influence of alcohol, drugs, or a controlled substance, unless:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The employee notifies their supervisor and provides written medical documentation from their physician; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The employer consents; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A prohibition on the use, possession, or manufacture of any unlawful drug or use of alcohol while at work.</text>
    </paragraph>
  </paragraph>
</regulation>