Sec. 01.01.1989.18. Drug and Alcohol Free Workplace (Non-State Entities)

A. General Policy. The State of Maryland is committed to encouraging all non-State entities that do business with the State or that otherwise receive funds from the State to make a good faith effort to eliminate illegal drug use and alcohol and drug abuse from their workplaces.

B. Definitions. In this Executive Order, the following words have the meanings indicated.

(1) "Abuse" means:

(a) The use of alcohol when it may impair job performance or endanger the safety of others in the workplace;

(b) The use of any illegal drug;

(c) The use of any over-the-counter drug when the user knows or should know that it may impair job performance or endanger the safety of others in the workplace; or

(d) The use of any prescription drug in a manner or under circumstances that the user knows or should know is inconsistent with its medically prescribed, intended use.

(2) "Alcohol" means ethyl alcohol or ethanol.

(3) "Drug" means:

(a) A controlled dangerous substance as defined in Article 27, §277 of the Annotated Code of Maryland; and

(b) Any substance, other than alcohol, caffeine, food or tobacco, that when taken into the body may impair one's mental faculties or change one's mood or physical performance.

(4) "Drug and alcohol free workplace" means a workplace in which every employee is expressly prohibited from:

(a) Abusing alcohol and drugs; and

(b) Manufacturing, distributing, dispensing or possessing illegal drugs.

(5) "Employee" means every employee, agent, servant, etc., of the recipient whose position is funded in whole or in part with State funds or who works on a project funded in whole or in part with State funds. "Employee" includes owners who themselves are performing any activity funded in whole or in part with State funds.

(6) "Recipient" means an individual, a sole proprietorship, a partnership, a corporation, a joint venture or any other entity that has been awarded or is a candidate or applicant for a State contract, grant, loan, or other State funds for use in the workplace. "Recipient" includes not-for-profit entities and governmental entities.

(7) "Workplace" means any place at which work is performed in accordance with the terms of a State contract, grant, loan or other instrument that governs the receipt of State funds.

C. Responsibilities of the Board of Public Works. The Secretary of the Board of Public Works shall cause to be prepared for the Board's consideration, pursuant to its statutory authority to control State procurement and to award or approve the disbursement of certain State contracts, grants, loans, and other funds for the workplace, in accordance with applicable federal and State law, regulations requiring the recipients of those funds to establish a drug and alcohol free workplace program. Those regulations shall include:

(1) Provisions that require each recipient to maintain a workplace free of drug and alcohol abuse during the term of the contract, grant, loan, or other receipt of State funds;

(2) Provisions that prohibit the unlawful manufacture, distribution, dispensation, possession, or use of drugs in the workplace of a recipient;

(3) Provisions that prohibit employees of a recipient from working under the influence of alcohol or drugs;

(4) Provisions that prohibit the recipient from hiring or assigning to work on an activity funded in whole or in part with State funds, anyone whom the recipient or the hiring official of the recipient knows, or in the exercise of due diligence should know, currently abuses alcohol or drugs and is not actively engaged in a bona fide rehabilitation program;

(5) Provisions that require each recipient to promptly inform the appropriate law enforcement agency of every drug related crime that occurs in its workplace if the recipient or an employee of the recipient has observed the violation or otherwise has reliable information that a violation has occurred;

(6) Provisions that require recipients to establish drug free and alcohol abuse awareness programs, to notify employees of the availability of such programs, to impose sanctions on employees who abuse drugs and alcohol in the workplace, and to institute steps to maintain a drug and alcohol free workplace;

(7) Provisions that make the receipt of State contracts, grants, loans, or other funds awarded through or approved by the Board of Public Works conditional upon compliance with the regulations adopted pursuant to this Executive Order;

(8) Provisions for the discretionary termination of a State contract, grant, loan or other award of State funds to a recipient who violated those regulations;

(9) Provisions for the discretionary suspension or debarment of a recipient who violates those regulations; and

(10) Such other drug and alcohol free workplace requirements as the Board of Public Works, in the exercise of its lawful authority, finds necessary or desirable to protect the interests of the State in the award and administration of State contracts, grants, loans or other State funds awarded by or subject to the approval of the Board.

D. Responsibilities of Agency Heads. The head of each Executive Branch agency shall take whatever action is necessary and appropriate to impose, in accordance with applicable federal and State law, on each recipient of a State contract, grant, loan or other State funding instrument that is administered by the agency and not subject to the Board of Public Works' drug and alcohol free workplace regulations requirements that are substantially the same as those adopted by the Board.

Effective date: November 28, 1989 (16:26 Md. R. 2779)