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 |
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.