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.
Workplace Drug Testing Laws in Pennsylvania
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||No Restrictions|
|Drug Panels||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.|
|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