Md. Code Regs. 21.11.08.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 21.11.08.02 - Definitions

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

(1) "Abuse" means the use of:

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

(b) Any illegal drug;

(c) 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) 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) "Conviction" means:

(a) A judgment of conviction, whether entered upon a finding of guilty or acceptance of a plea of guilty or nolo contendere, and the imposition of sentence; or

(b) The staying of a judgment of conviction and the placing of a defendant on probation after a finding of guilty or the acceptance of a plea of guilty or nolo contendere.

(4) "Drug" means:

(a) A controlled dangerous substance as defined in Criminal Law Article, § 5-101, 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.

(5) "Drug and alcohol free workplace" means a workplace in compliance with Regulation .03A of this chapter, and in which each employee is expressly prohibited from:

(a) Abusing alcohol and drugs; and

(b) Unlawfully manufacturing, distributing, dispensing, possessing, or using drugs.

(6) "Employee" means each officer, employee, agent, or servant of the recipient who, directly or indirectly, participates in the performance of a procurement contract. "Employee" includes an owner who, directly or indirectly, participates in the performance of a procurement contract.

(7) "Individual" means a bidder, offeror, or contractor having not more than one employee, including the bidder, offeror, or contractor.

(8) "Recipient" means an individual, a sole proprietorship, a partnership, a corporation, a joint venture, or any other entity that submits a bid or proposal for, or has been awarded, a procurement contract.

(9) "Under the influence of" means the use of drugs or alcohol in a manner that may impair job performance or endanger the safety of others in the workplace.

(10) "Workplace" means any place at which work is performed in accordance with the terms of a procurement contract.

Md. Code Regs. 21.11.08.02