What are the restrictions on employee drug testing?

In Pennsylvania, employers are not allowed to conduct drug tests on employees without their knowledge. However, the employer may require drug testing of an employee if they suspect that the employee is under the influence of drugs or alcohol while performing their job. Employers may also require drug testing for certain positions, such as those in safety-sensitive industries, when hiring a new employee. Employers are not allowed to randomly drug test employees and doing so may be considered a violation of an employee’s civil rights. Employees may also be protected from drug testing if they are members of a union, as unions may have regulations about drug testing in their collective bargaining agreements. Furthermore, employers may not terminate an employee solely based on a positive drug test. When employers do require drug testing, they must ensure that the tests are conducted in accordance with the latest state and federal laws. Tests must be administered accurately and without bias, and employees must also be made aware of any potential consequences of a positive drug test. In addition, employers must provide employees with access to counseling and treatment options if they test positive.

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