Randisi & Associates

Pre-Employment Screening Specialists

RANDISI & ASSOCIATES, INC.

410.336.0287
Contact Us
  • Home
  • Services
    • Background Investigations
    • Drug & Alcohol Testing
      • Urine Specimen
      • Oral Fluid Testing
    • QuickApp and QuickApp Pro
  • About Us
    • Why Randisi Associates, Inc.?
    • Testimonials
    • Testimonials in Chesapeake Human Resources
    • Privacy Policy
    • Consumers
  • Resources
    • Marijuana in the Workplace
    • Employment Screening & Drug Testing
    • Negligent Referrals?
    • Interview with Larry Wilner
    • Drug Testing Seminars
  • Partners
  • News
    • Background Checks
    • Business Success
    • Drug Testing
    • Personnel Management
    • Employment News
  • Request A Quote
  • Contact Us
  • Client Login
    • CRL Order Form
  • Payment
You are here: Home / Employment / Federal court holds breath testing for alcohol in employment situations is illegal in Maryland

Federal court holds breath testing for alcohol in employment situations is illegal in Maryland

November 6, 2013 By Randisi Associates

Breath-Test-Machine--1515436Breath is not an allowable specimen for alcohol testing for employment purposes. It is important to note that this does not apply to Department of Transportation (DOT) testing. For DOT purposes breath is an allowable specimen for testing for alcohol. DOT regulations are not subject to state laws.

EMPLOYERS BE ADVISED!

Does this mean an employer can not test employees for suspected abuse of alcohol? Absolutely not! There are other specimen options available to employers. Call Randisi & Associates, Inc.  at 410.336.0287 to discuss your options.

If you would like to read the 54 page court ruling, it is available at: http://www.mdd.uscourts.gov/Opinions/Opinions/Concentra%20Memo.pdf

Fortunately there is a one page summary of the opinion at:

http://www.lexology.com/library/detail.aspx?g=57eeeb55-c214-4eac-ba22-824c2794941c

Important excerpts from this one-page summary is as follows:

In a case of first impression, a federal court in Maryland ruled recently that the state’s drug and alcohol testing statute prohibits private employers from conducting breath alcohol tests on its employees.

Any Maryland employers conducting breath alcohol testing should cease immediately.  Although this decision is not binding on Maryland state courts, this opinion, as well as the Maryland Department of Health and Mental Hygiene’s declaratory ruling, indicates such testing is impermissible within the state.

Join us for a one-hour webinar on oral fluid as a specimen for both alcohol and illegal drugs. Click here to learn more and register

 

Filed Under: Employment

Testimonials

Video testimonial from Rebecca Yarrison Miller's Minuteman Press Owings … Read More>>

Latest News

  • What Is the Enemy of Customer Service?
  • Pair of Companies in the Trucking Industry Says Positive Marijuana Tests And Federal Regulations Contribute to Driver Shortage
  • Supreme Court Ruling Just Changed the Rules for Cannabis Liability Cases
  • Five Things Not to Do When Giving Gifts to Customers and Employees
  • Random Drug Testing Regulations for Safety-Sensitive Positions Upheld

Afilliate Organizations

Tazworks NAPBS

Request A Quote

How can we Randisi and Associates assist your organization with background checks, drug testing and pre-employment screening?


CLICK HERE to Request a Quote or Consultation

Contact Us

Phone: 410.336.0287
Fax: 410.296.6131

1810 – J York Road PNB # 185
Lutherville, MD 21093
Contact Us

PRIVACY POLICY

©2025 Randisi & Associates, Inc. All Rights Reserved. Site by SPARKS!

We use cookies to make sure you get the best experience on our website. You can learn more by viewing our Privacy Statement.AcceptPrivacy Policy