(a) (1) In this section the following words have the meanings indicated. (2) "Alcohol concentration" has the meaning stated in § 11-103.2 of the Transportation Article. (3) "Probation before judgment" means an entry of probation by a court in accordance with § 6-220 of the Criminal Procedure Article. (4) "State Substance Abuse Policy" means the policy against substance abuse in State government, as set out in Executive Order Number 01.01.1991.16 and any subsequent Executive Order. (5) "Workplace" means any place where an employee is performing work for the State of Maryland. (b) This section may not be construed to eliminate or alter in any way any requirement of an employee to report to an appointing authority an offense, conviction, or probation before judgment under the State Substance Abuse Policy. (c) Except as provided in subsection (d) of this section, an appointing authority may not consider probation before judgment for a substance abuse offense to be a conviction for purposes of the State Substance Abuse Policy. (d) An appointing authority may impose appropriate disciplinary action, including termination, against an employee under the State Substance Abuse Policy, if: (1) the employee receives probation before judgment in a substance abuse offense; and (2) the appointing authority can demonstrate a relationship between that substance abuse offense and the employee's job responsibilities. (e) An employee who consumes an alcoholic beverage in the workplace: (1) shall be in violation of the State Substance Abuse Policy and subject to disciplinary action; and (2) may not drive a State vehicle or operate State construction equipment during the employee's normal workday. (f) (1) Employees who are called in to work outside of their regularly scheduled hours shall be provided the opportunity to acknowledge they have consumed alcohol within the previous four hours. (2) The employees who make an acknowledgment under paragraph (1) of this subsection may not be subject to disciplinary action and may not be assigned to perform a safety-sensitive function.
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