10 Things to Know About Workplace Drug Testing State Laws and Regulations in Pennsylvania

1) State laws

The state of Pennsylvania can be termed as a state that is ‘open’ It does not have any laws that directly address or limit drug testing in the workplace.

2) Who can be tested?

Because of its open policy, the state has no specific drug testing pre requisites that employers are required to adhere to. Employer decisions with regards to this are free of state law or court jurisdiction.

3) What substances come under the category of drugs?

Since Pennsylvania has not formal laws by the state or court defining the substances that come under the category of ‘drugs’ that can be used for substance abuse, employers are free to decide on the substances that are not acceptable.

4) Company policies

The laws of the state of Pennsylvania do not require an employer to have a written policy on substance abuse. However if the company is going to use substance abuse as a ground for dismissal of an employee or for the purpose of compensation then a written policy is required to be put in place.

5) Notices in the workplace

No specific state laws with reference to employers and substance abusers translate into no necessary policies and therefore there is no need for written notices or postings by the employer.

6) When does drug testing occur?

Since there are no specific laws with reference to employees and drug abuse, the employer has the right to call for testing at his or her own discretion.

7) Where does the testing occur?

The state does not have any set rules for labs and ‘in-house’ testing. The employer may therefore either have an in-house testing facility or the employee in question may be required to go to a drug test centre.

8) Costs of testing
Unlike other states, Pennsylvania does not have a set law for this either. There is no law that specifics which party should bear the cost of the testing. Therefore this would again depend on the employer.

9) Consequences of positive results

Testing positive for drug abuse could affect one’s job terribly even leading to him or her being fired. If an employee is tested positive for drug abuse or refuses to be tested, he or she can be fired on the grounds of misconduct.

10) Insurance plans

Unlike most other states, Pennsylvania has an insurance plan that is on par with an alcohol and drug treatment insurance plan.

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