Pennsylvania State Drug Testing Laws
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 |
|
| Laboratory |
No Restrictions |
|
| Medical Review Officer |
Not required |
It is always recommended to reduce liability exposure. |
| 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 the injury is caused by an employee using illegal drugs. |
| Medical Marijuana |
Yes, Limited Laws |
Prohibits smoking of marijuana. Ensure that drug testing policies clarify that testing positive for an illegal drug u2013, including medical marijuana u2013, is a policy violation. 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 against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons 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 law vary greatly; therefore, you are advised to consult experienced legal counsel during the design
of your actual substance abuse testing program and with any questions that follow.
View Individual State Law Summaries
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