When Can You Be Drug Tested at Work in Pa.?
When can you be drug tested at work in Pennsylvania? The answer may not be as obvious as you think.
Chances are, as an employee or an employer, you’ll run into a situation that calls for drug testing in the workplace. So, with that in mind, here’s a rundown of what drug testing looks like in Pennsylvania:
Federal or Drug Testing Law
There is actually no federal law that directly requires drug testing for all employees before starting at a position. However, the Drug-Free Workplace Act of 1988 requires that any employers who receive federal grants or contracts must ensure that their employees are drug-free, or else risk losing their funding. This makes drug testing practically mandatory when it comes to certain federal employees.
Pennsylvania’s Drug Testing Law?
What about private employees and public, non-federal employees working in Pennsylvania? Pennsylvania actually does not have a general drug testing law. However, employees who feel as though their privacy or other rights have been violated through a drug test may have some recourse through state statutory provisions and general common law public policy exceptions.
Those aside, here is a general rundown of when drug tests are legal:
- Pre-employment testing. Pre-employment drug testing is one of the most common ways that drug testing is used in the workplace. Chances are, a drug test will be a part of the typical, legal protocol in a Pennsylvania hiring process. These tests are usually valid, unless for some reason the employee feels as though the test was discriminatory or unreliable techniques were used.
- Required or related to work. Aside from just general pre-employment drug testing, drug testing can actually be required for certain professions. For example, transportation employees (those who operate motor carriers such as trucks or buses), according to the federal Department of Transportation, are required to have negative drug test results before they begin work.
- Legitimate reasons. Otherwise known as “reasonable suspicion” testing, courts have generally upheld drug testing in situations when employers have specific, objective evidence of drug or alcohol use by an employee. This evidence includes things like alcohol-smelling breath, bloodshot red eyes, slurred speech, or unexplained lapses in performance.
Because Pennsylvania does not have any general drug testing law, the matter may just really depend on your circumstances. If you have an issue or questions regarding drug testing in the workplace, an experienced employment lawyer can help.
Related Resources:
- Performing an Employee Background Check (FindLaw)
- Employees Risk Termination from Drug Testing in the Workplace (FindLaw’s Philadelphia Employment Law News)
- Drug Tests: Phillies’ Freddy Galvis Suspended After a Positive (FindLaw’s Philadelphia Employment Law News)
- Limerick Nuclear Plant Operator Fails Drug Test, Loses License (FindLaw’s Philadelphia Employment Law News)
Source: http://philadelphiaemploymentlawnews.com/2013/09/when-can-you-be-drug-tested-at-work-in-pa.html
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Please Help Support BeforeitsNews by trying our Natural Health Products below!
Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST
Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!
HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.
Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.
MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser! Cleans out toxic buildup with oxygen!
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover - Reduces Smart Meter radiation by 96%! (See Video).