Pennsylvania - STATE LAWS

Workplace drug testing issues – State Laws – Pennsylvania

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

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.

Unemployment Denial - § 802. Ineligibility for compensation

Workers Comp Discount - 77 P.S. § 431

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Pennsylvania