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Pennsylvania - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in Pennsylvania

Instant or POCT Testing

No Restrictions

Drug Panels

No Restrictions

Laboratory

No Restrictions

Medical Review Officer

Not required

Always recommended to reduce exposure to liability.

Random Testing

No Restrictions

Post-Accident

No Restrictions

Establish objective criteria that will trigger a post-accident test and how and by whom such tests will be administered.

Reasonable Suspicion

No Restrictions

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes

Address in company policy including refusal to test.

Workers Comp Discount

No

Intoxication Defense

Yes

No compensation when injury caused by employee using illegal drugs.

Medical Marijuana

Yes, Limited Laws

Prohibits smoking of marijuana. Ensure that drug testing policies make it clear that testing positive for an illegal drug – including medical marijuana – is a policy violation, and that the employer reserves the right to take adverse action based upon such test results to the fullest extent permitted under the law.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Pennsylvania has no law addressing drug testing in private employment.