Pennsylvania Drug Testing Laws
Pennsylvania does not have a comprehensive state statute directly addressing drug testing in private employment. However, some state-specific regulations, like the Pennsylvania Human Relations Act (PHRA), can be pertinent in situations where drug testing might be discriminatory. For details on Pennsylvania's laws and regulations related to drug testing, you can visit, here.
Marijuana in Pennsylvania: Medical marijuana is legal with a prescription. Recreational use remains illegal.
For general information and updates on Pennsylvania's drug testing regulations, it is advised to visit the official website of the Pennsylvania General Assembly. However, always remember that this information may not be up-to-date, and for specific legal advice or questions, always consult a legal professional.
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Not specified||Confirmatory tests are advised for positive results.|
|Drug Panels||Not specified||At the employer's discretion.|
|Laboratory||SAMHSA-certified labs preferred||To ensure accuracy and credibility.|
|Medical Review Officer (MRO)||Not specified||Employers may choose to consult for added validation.|
|Random Testing||Not specified||Typically, for safety-sensitive positions.|
|Post-Accident||Not specified||Employers usually rely on reasonable suspicion.|
|Reasonable Suspicion||Not specified||Employers should have clear and specific observations.|
|Oral Fluids||Not specified||At the employer's discretion.|
|Hair Testing||Not specified||At the employer's discretion.|
|Unemployment Denial||Possible||If terminated for violating a drug/alcohol policy.|
|Workers Comp Discount||Not specified||Not specified for Pennsylvania.|
|Intoxication Defense||Not specified||Pennsylvania law might allow defenses in certain cases.|
|Medical Marijuana||Yes with prescription||Employers need to be aware of patient rights.|
|Recreational Marijuana||No||Remains illegal in Pennsylvania.|
|Report Driver DOT Positives||Follow federal guidelines||Comply with federal DOT regulations.|
|General Statute||No comprehensive statute||Refer to here for potential relevant laws.|
Pennsylvania lacks a comprehensive state statute for drug testing in private employment. The state does have certain regulations like the PHRA, which can be relevant in situations where drug testing might be considered discriminatory. Medical marijuana is permitted with a prescription, but recreational use remains illegal. Employers should be aware of patient rights concerning medical marijuana.
- Answered by: Andrew David Easler, Esq.
- Published: 12/18/2022
- Updated: 11/02/2023
We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.
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