Workplace Drug Testing Laws in Pennsylvania

The state of Pennsylvania is considered an “open” state as it pertains to employee drug testing laws. There are currently no statutes or employer regulations that restrict how drug and alcohol testing may be completed for workplace purposes. However, Pennsylvania employers who hire for safety-sensitive positions, such as those that must possess a commercial driver’s license (CDL), may have mandated testing and should always review their organization’s policy first.

Although no Pennsylvania employee drug testing laws are in place, it’s best for employers to establish and outline a drug-free workplace policy if they wish to conduct applicant and employee drug testing. A detailed layout of your company’s drug testing policy can help educate employees and applicants on expectations to further reduce the chance of workplace complications.

Register for a drug test online by clicking the “Register Now” button below. You can also call (888) 378-2499 with any questions about our drug testing services.

Employer Portal

Pennsylvania Drug Testing Compliance

Pennsylvania Drug Testing Laws Without Restrictions

Drug Test Issue Remarks
Instant or POCT Testing There are currently no workplace drug testing laws in Pennsylvania that prevent employers from conducting drug and alcohol screenings using instant or POCT devices.
Random Testing Currently, there are no Pennsylvania drug testing compliance laws in place that control whether or not an employer can conduct random drug and alcohol testing for workplace purposes.
Specimens Tested The state of Pennsylvania possesses no drug testing legislature that outlines what specific specimens can and cannot be collected for drug and alcohol testing purposes.
Workers Comp There are no workplace drug testing laws in the state of Pennsylvania that prohibit employers from conducting post-accident drug tests for purposes of workers’ comp. Pennsylvania workers’ compensations laws state that if evidence of illegal drug use is identified, then compensation can be denied.
Substances Screened There is no drug testing legislation that outlines the specific types of substances that can be screened for drug and alcohol testing purposes. At a minimum, we recommend a 5-panel drug test that covers marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines.
Laboratories Current Pennsylvania law does not specify laboratory requirements for drug and alcohol testing purposes.
Testing for Alcohol There are no established Pennsylvania drug testing compliance laws that prohibit employers from conducting alcohol testing.

Conditional Pennsylvania Drug Testing Laws

Drug Test Issue Remarks
Recreational Marijuana Under current Pennsylvania legislation, the recreational consumption of marijuana is prohibited. Likewise, there is no state legislation that prevents employers from conducting marijuana drug screenings. Some exceptions apply, such as Philadelphia’s Chapter 9-5500 law, which prohibits pre-employment marijuana testing as a condition of employment except under specific conditions.
Medical Marijuana In 2016, the state of Pennsylvania passed legislation that legalized the consumption of marijuana for medical purposes. On a state level, there are no established employee drug testing laws that restrict employers from conducting marijuana drug testing. On the other hand, the city of Philadelphia passed legislation in 2020 that prohibits employers from testing applicants for the presence of marijuana with certain exceptions for specific safety-sensitive sectors.

Other Services We Provide in Pennsylvania

If you’re looking for drug testing information related to a specific city in the state of Pennsylvania, try taking a look at our Pennsylvania clinic locations page. From there, you can select your city’s drug testing or DNA testing page to learn more.

We also offer Pennsylvania Background Checks. For more information, visit our Pennsylvania background check page.

This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.

Citations

menu_book
Guerin, Lisa. “Workplace Drug Testing Laws in Pennsylvania.” NOLO, https://www.nolo.com/legal-encyclopedia/workplace-drug-testing-pennsylvania.html
menu_book
“Drug & Alcohol Testing.” Pennsylvania Human Resources, https://www.hrm.oa.pa.gov/workplace-support/drug-alcohol-test/Pages/default.aspx
menu_book
“Chapter 9-4700.” Philadelphia City Council, https://phila.legistar.com/LegislationDetail.aspx?ID=4694094&GUID=5FE67F42-4DE4-4BAA-8605-A47C3F6EF3CF
menu_book
“Pennsylvania Statutes Title 77 P.S. Workers’ Compensation § 431. Compensation according to schedule;  injury or death self-inflicted or caused by violation of law.” FindLaw, https://codes.findlaw.com/pa/title-77-ps-workers-compensation/pa-st-sect-77-431.html
menu_book
§ 9-5502. prohibition on pre-employment testing. American Legal Publishing. (n.d.). https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-281234
menu_book
Rodgers, M. J. (2023a, November 16). New Pennsylvania laws affect pre-employment marijuana testing. iprospectcheck. https://iprospectcheck.com/new-pennsylvania-laws-affect-pre-employment-marijuana-testing/