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|
|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.