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.
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
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Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.
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