Maryland: Workers' Comp Insurers May Provide a Premium Discount to Employers with Certain Alcohol- and Drug-Free Workplace Policies

Law Effective October 1, 2016

Under a new law in Maryland, a workers' compensation insurer may file a rating plan that provides for a premium discount for appropriate classifications (or sub-classifications) of a risk of up to 4% to an insured employer that has an alcohol- and drug-free workplace policy that may include one or more of the following programs:

1. An alcohol and drug testing program;
2. An employee education program on alcohol and drug abuse;
3. A supervisor education program on alcohol and drug abuse;
4. An employee assistance program that includes referrals of employees for appropriate diagnosis, treatment, and assistance;
5. A program requiring an employee who has caused or contributed to an accident while at work to undergo alcohol or drug testing; and
6. Any other program that the insurer deems effective to encourage an alcohol- and drug-free workplace.

Note: An insurer is not required to provide a premium discount under the new state law if the insured is required under federal or state law to test its employees for drugs or otherwise provide an alcohol- and a drug-free workplace.

The law is effective October 1, 2016. Click here to read the text of the law.

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