An employer in Pennsylvania may legally conduct a drug test on an employee or applicant. This means that it is within the employer’s rights to test an individual during the hiring process, at random, or if the individual has shown signs of intoxication or other substance abuse. There are no State laws which regulate testing standards. However, the employer must take into account the individual’s right to privacy and/or disabilities which might affect the test results (e.g. prescription medications).
Can Current Employees be Tested? Yes.
Is Certified Testing Required? No regulations.
Laws – No current laws.
Who Can be Tested? No restrictions.
How to Conduct a Legal Drug Test
Step 1 – An employee or applicant should complete the Drug Test Authorization Form before being tested. Once their consent is acquired, a sample must be taken from the individual. There are no restrictions on what can and cannot be tested, though the following samples are commonly used by medical laboratories:
Step 2 – Bring the sample to one of the drug testing facilities in Pennsylvania. A list of facilities can be found on this webpage.
Step 3 – Once the sample has been submitted, the results should be received within approximately 24-48 hours (for a standard business week). If the individual tests positive, he/she may legally be terminated provided that no violations of public privacy were infringed during the testing process which may result in a wrongful termination dispute.