2013 Maryland Code
TRANSPORTATION
§ 6-102 - Legislative policy

§6-102.

(a) The General Assembly of Maryland makes the following declarations of its intent in the enactment of this title.

(b) The ports and harbors of this State are assets of value to the entire State. The residents of all parts of this State benefit directly from the waterborne commerce that they attract and service. Any improvement to these ports and harbors that increases their export and import commerce will benefit the people of the entire State.

(c) (1) The purpose of this title is to increase the waterborne commerce of the ports in this State and, by doing so, benefit the people of this State.

(2) Commerce may be attracted to these areas by:

(i) Developing existing facilities to provide quicker, cheaper, and better handling of cargoes; and

(ii) Effectively advertising and promoting the facilities and the use of the several port areas.

(d) (1) Since existing port and terminal facilities of Baltimore and other port areas have been provided mostly by private enterprise, the General Assembly seeks primarily to improve the facilities and strengthen the workings of the private operators.

(2) However, the private operators in the port areas have a public responsibility to provide modern port and harbor facilities suited to the needs of the public that they serve. Therefore, the Administration should have power to obtain information about the rates and practices of private operators, and, while it should assist and encourage the extension and improvement of privately operated port facilities, it also should have the power, if private facilities are inadequate or inadequately operated at any time, to construct and, if necessary, to operate any supplementary public facilities that it considers to be required in the public interest.

(e) The development of ports able to attract increasing amounts of waterborne commerce will require the construction of additional modern facilities and installations. A public port authority, using public funds, will be able to construct and, if necessary, operate these facilities and installations if the immediate financial returns are not sufficient to attract private capital.

(f) In order to meet increased competition from other states’ ports that are operated with public funds either directly as state agencies or indirectly as private operating companies, the Administration should have the authority, subject to approval of the Commission, to operate public port facilities either directly or indirectly in the form and manner that the Commission deems necessary.

§ 6-102 - 1. Drug-free workplace programs

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Cargo" does not include a vessel's machinery or supplies, or the vessel's equipment transported onto or off of the vessel.

(3) "Drug" means:

(i) A controlled dangerous substance as defined in § 5-101 of the Criminal Law Article; and

(ii) A prescription drug as defined in § 21-201 of the Health - General Article, to the extent that the drug affects job performance and worker safety at a marine facility.

(4) "Employee" means any individual who is an employee, independent contractor, subcontractor, or other individual who provides labor for compensation at a marine facility for a person.

(5) "Marine facility" means a terminal or storage structure or facility used for the purpose of handling, storing, loading, or unloading freight in the Port of Baltimore.

(6) "Program" means an alcohol-free and drug-free workplace program for a marine facility that meets the requirements of this section.

(7) (i) "Safety-sensitive employee" means an employee who operates heavy machinery.

(ii) "Safety-sensitive employee" includes, but is not limited to:

1. An operator of a crane, winch, or top loader; and

2. A driver of a hustler or forklift.

(b) Applicability. -- This section does not apply to:

(1) Employees, contractors, independent contractors, or agents of the Maryland Port Administration;

(2) Vessel employees, or employees of contractors or subcontractors that attend vessels, who do not load or unload cargo between a vessel and a pier, or from one stowage position to another on a vessel, at a marine facility; or

(3) Individuals or employees required by federal or State law to comply with 49 C.F.R. Parts 40 and 382 of the Federal Motor Carrier Safety Regulations.

(c) Establishment; purposes. -- Persons that lease space at a marine facility from the Maryland Port Administration shall implement a program that:

(1) Prohibits the sale, purchase, transfer, use, or possession of alcohol or drugs at a port facility;

(2) Provides a plan that includes the nondiscriminatory administration of tests for the presence of alcohol or drugs in accordance with established testing procedures, including random, reasonable cause, post accident, and return-to-work, or post treatment testing of safety-sensitive employees, and pre-employment test for the presence of drugs, of employees;

(3) Provides for rehabilitation programs and disciplinary and sanction procedures for individuals who violate the Program;

(4) Provides sufficient notice to employees of testing procedures, consent, and other requirements of the Program;

(5) Provides adequate security measures for collection, chain of custody, and handling of test material; and

(6) Establishes procedures for the reporting, review, and appeal of test results.

(d) Compliance with guidelines. -- The Program shall generally comply with the guidelines for a drug-free workplace program established by the Maryland Center for Workplace Safety and Health.

(e) Labor organizations or other employee groups. -- A member of a labor organization or other group of employees at a marine facility that is subject under a labor agreement or contract to an alcohol and drug program that generally conforms to the provisions of this section shall be deemed to be in compliance with the requirements, testing procedures, and other provisions of this section.