Pennsylvania Drug Testing Laws and Regulations

There is no specific Pennsylvania drug testing law. In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. However, there is a common law on wrongful discharge and two official provisions that controls an employer’s drug testing program in the workplace.

Wrongful Discharge Common Law

In Pennsylvania, an employer has the right to terminate an employee for any reason as stipulated under the at-will employment doctrines. But an employer could be liable to wrongful discharge if there is a violation of any public policy upon terminating a particular employee. In this connection, drug testing in the workplace, if done not in accordance with Pennsylvania’s drug testing procedures and policies, violates public policy.

Pennsylvania transportation employees are required to undergo alcohol and drug testing as mandated by the US Department of Transportation Federal Motor Carrier Safety Administration. An employee terminated from work due to a failed drug testing submission or procedure as required by his employer is not eligible to file and receive unemployment compensation.

Pennsylvania drug testing is not prohibited when done during pre-employment, at random, when there is reasonable suspicion of intoxication and other mitigating circumstances. There is no Pennsylvania drug testing law that specifically prohibits or regulates what kind of drug testing is done. Urine, hair and blood tests can be done. There is also no Pennsylvania drug testing law that regulates which substance can and cannot be tested.

American with Disabilities Act (ADA) does not allow employers to drug test an applicant if he has not been offered employment yet.

• An employer has the right to prohibit illegal drug and alcohol use in the workplace.
• Under the ADA, an employer has the right to require employees to undergo drug tests.
• If an employee engages in the use of illegal drugs, an employer has the right to deny or terminate the particular employee.
• Employees may be obliged to abide with the Drug-Free Workplace Act of 1988 and other rules and regulations set by federal organizations regarding alcohol and drug abuse in the workplace.
• Employees who have alcohol and/or drug problems may need to meet the same level of conduct and performance set by other employees.