# COMAR Title 11 — Department of Transportation

## Subtitle 02 — Transportation Service Human Resources System

### Chapter 11 — Testing for Drugs and Alcohol

**Authority:** Transportation Article, §2-103, Annotated Code of Maryland

**Administrative History:** Effective date: January 18, 1993 (20:1 Md. R. 27)

**Administrative History:** Regulation .05F amended effective August 30, 1993 (20:17 Md. R. 1346)

**Administrative History:** Regulation .12A amended effective August 30, 1993 (20:17 Md. R. 1346)

**Administrative History:** Regulations .01—.16 repealed and new Regulation .01 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 73)

**Administrative History:** Regulations .01—.16 repealed and new Regulations .01 and .02 adopted effective May 8, 1995 (22:9 Md. R. 645)

#### Regulation .01 Illegal Use of Drugs and Alcohol.

*COMAR 11.02.11.01*

A. The purpose of these regulations is to define and elaborate on the State's policy that employees are prohibited from the illegal use of drugs and from using or being under the influence of alcohol while on duty.

B. In accordance with the documents incorporated by reference in Regulation .02 of this chapter, employees and applicants for employment are subject to:

  (1) Drug and alcohol testing; and

  (2) Disciplinary actions for violations of these regulations.

#### Regulation .02 Incorporation by Reference.

*COMAR 11.02.11.02*

A. In this chapter, the following documents are incorporated by reference.

B. Documents Incorporated.

  (1) Governor's Executive Order 01.01.1991.16.

  (2) 14 CFR §61.14 (1993), as amended and published in 59 FR 7388—7389 (1994).

  (3) 14 CFR §63.12b (1993), as amended and published in 59 FR 7389 (1994).

  (4) 14 CFR §65.23 (1993), as amended and published in 59 FR 7389 (1994).

  (5) 14 CFR §§65.46a and 65.46b, as published in 59 FR 7389 (1994).

  (6) 14 CFR §§121.458 and 121.459 and 14 CFR 121, Appendix J, as published in 59 FR 7389—7396 (1994).

  (7) 14 CFR §135.1 (1993), as amended and published in 59 FR 7396 (1994).

  (8) 14 CFR §§135.253 and 135.255, as published in 59 FR 7396—7397 (1994).

  (9) 49 CFR 40, 382, 653, and 654, as published in 59 FR 7354—7366, 7505—7514, 7549—7557, 7589—7595, and 43000—43019 (1994).

  (10) 49 CFR §392.5 (1993), and the amendments published in 59 FR 7514—7515 (1994).

  (11) “On-duty time” as defined in 49 CFR §395.2(8), as published in 59 FR 7515 (1994).