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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 IssueStatusComments
Instant or POCT TestingNo Restrictions 
Drug PanelsNo Restrictions 
LaboratoryNo Restrictions 
Medical Review OfficerNot requiredIt is always recommended to reduce liability exposure.
Random TestingNo Restrictions 
Post-AccidentNo RestrictionsEstablish objective criteria that will trigger a post-accident test and how and by whom such tests will be administered.
Reasonable SuspicionNo Restrictions 
Oral FluidsNo Restrictions 
Hair TestingNo Restrictions 
Unemployment DenialYesAddress in company policy, including refusal to test.
Workers Comp DiscountNo 
Intoxication DefenseYesNo compensation when the injury is caused by an employee using illegal drugs.
Medical MarijuanaYes, Limited LawsProhibits 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 MarijuanaNo 
Report Driver DOT PositivesNo 
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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