The State of Pennsylvania does not have any laws that specifically address workplace drug testing. However, employers are allowed to drug test employees under certain circumstances. Generally, employers are allowed to drug test employees if there is a legitimate business reason for doing so under pa drug test laws. For example, an employer might drug test an employee who is suspected of being under the influence of drugs while on the job.
In addition, employers may require employees to submit to drug testing as a condition of employment. For example, an employer might require all applicants for a position to undergo drug testing. If you are an employer in Pennsylvania, it is important to consult with an attorney to ensure that your drug testing policy complies with state and federal laws.
Pennsylvania Drug Testing Laws Without Restrictions
There are no Pennsylvania laws that explicitly prohibit employers from drug testing employees or applicants for employment. However, there are some restrictions on how and when employers can drug test employees.
For example, employers cannot require employees to submit to drug testing as a condition of continued employment unless there is a legitimate business reason for doing so. In addition, employers cannot drug test employees in a discriminatory manner.
If you are an employer in Pennsylvania, it is important to consult with an attorney to ensure that your drug testing policy complies with state and federal laws.
Instant or POCT Testing:
Employers in Pennsylvania are not currently required to follow any workplace drug testing rules that prohibit them from using quick or POCT machines to screen for drugs and alcohol.
Random Testing:
As of now, Pennsylvania does not have any laws that would disallow an employer from conducting random drug and alcohol tests for workplace purposes.
Specimens Tested:
Pennsylvania does not have a law specifying what types of specimens can and cannot be collected for drug and alcohol testing.
Workers Comp:
There are no workplace drug testing laws in Pennsylvania that ban employers from performing post-accident drug tests for workers’ comp. If a worker’s compensation damages lawyer discovers evidence of illicit drug usage, he or she has the legal right to deny payment.
Substances Screened:
There is no legislation that outlines which specific substances can be screened for during drug and alcohol testing. At a minimum, we recommend a 5-panel drug test that covers marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines.
Laboratories:
The state of Pennsylvania does not have specific lab requirements for drug and alcohol testing.
Testing for Alcohol:
In Pennsylvania, employers are allowed to test their employees for alcohol use.
Conditional Pennsylvania Drug Testing Laws
There are some conditions under which an employer in Pennsylvania is allowed to drug test their employees. These conditions include:
Recreational Marijuana:
The recreational use of marijuana is currently prohibited under existing Pennsylvania law. There is also no state legislation banning employers from administering marijuana tests. Philadelphia employers must take the city’s medical marijuana restrictions into account when making decisions about their employees.
Medical Marijuana:
In 2016, the state of Pennsylvania passed legislation permitting the use of marijuana for medical purposes. There are currently no established employee drug testing rules in place that prohibit businesses from doing so. In 2020, the city of Philadelphia passed a law that stops employers from testing applicants for marijuana use. There are certain exceptions to this rule for people who work in jobs where safety is a major concern.
FAQ
How far back can you test for drug use?
There is no Pennsylvania law that limits how far back an employer can drug test an employee. However, most employers will only drug test for drugs that were used within the past few months. In most cases, employers will not drug test for drugs that were used more than a year ago.
Can you be fired for failing a drug test in Pennsylvania?
Yes, you can be fired for failing a drug test in Pennsylvania. However, your employer must have a legitimate business reason for requiring you to take a drug test and they cannot discriminate against you in any way. The employer has the right to drug test you if they have a reasonable suspicion that you are using drugs.
Does Pennsylvania have any laws regulating how employers can use the results of drug tests?
There are no specific laws in Pennsylvania that regulate how employers can use the results of drug tests. However, employers cannot discriminate against employees based on their race, religion, gender, or disability.
Do I have to take a drug test if my employer asks me to?
If your employer has a legitimate business reason for requiring you to take a drug test, then you may be required to take one. However, your employer cannot require you to take a drug test without your consent. Thus, if you refuse to take a drug test, your employer may take disciplinary action against you, up to and including termination.
Can I refuse to take a drug test?
You can refuse to take a drug test, but your employer may take action against you if you do. The employer is within their right to require you to take a drug test if they have a legitimate business reason for doing so. If you refuse to take a drug test, your employer may take disciplinary action against you, up to and including termination.
What will invalidate a drug test?
There are a number of things that can invalidate a drug test, including tampering with the sample, using drugs that are not illegal, and having certain medical conditions. For example, if you use over-the-counter medication that contains drugs that are on the list of illegal substances, this could invalidate your drug test. In addition, if you have a medical condition that causes you to test positive for drugs, such as diabetes or adrenal gland problems, this could also invalidate your drug test.
Are random drug tests legal in PA?
There is no Pennsylvania law that explicitly prohibits employers from conducting random drug tests. However, your employer must have a legitimate business reason for requiring you to take a drug test and they cannot discriminate against you in any way.
Can employers watch you pee for drug test?
No, employers cannot watch you pee for a drug test. However, they can require you to use a bathroom that is monitored by a video camera.