Workplace drug testing issues – State Laws – Pennsylvania
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Drug and alcohol testing is permitted in Pennsylvania. Employers should note that Philadelphia and Pittsburgh have local ordinances that restrict pre-employment cannabis testing.
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| 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 u2013 including medical marijuana u2013 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 laws vary 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
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary 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.
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