They said he was told he could return to work in a position that would not require him to operate power equipment.The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. Most importantly, the law protects you when it comes to hiring, firing, and retaliation. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn't otherwise require - or prohibit drug . Especially if you need to use medical marijuana to manage your condition during the work day. 14, 2022by marijuana card at the time of the positive drug . How to become a caregiver in PA? The safety question is a complex one. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Absent a change in federal or state law, thats not likely to change soon. A positive drug test for any illegal drug or illegally-used prescription drug is grounds for punishment and possibly discharge from the military. New Jersey Office of the Attorney General, How we tracked workplace lawsuits involving Pa.s medical marijuana law, A complete guide to Spotlight PAs investigations of Pennsylvanias flawed medical marijuana program. He doesnt work on live gas, has never used marijuana at work, and has never shown up to work high, he told Spotlight PA.After a random drug test in November indicated he had used marijuana, Douglas said the company reassigned him and forced him to attend outpatient addiction treatment therapy. What to bring to a DOT physical; In general, Federal law has no requirements or prohibitions when it comes to drug testing in Pennsylvania. It limits your ability to manage your medical condition.. I am sorry but as of now, you no longer work for us.Clark later found a job at another business. They said the demotion came with a nearly 50% pay cut, leaving him no choice but to quit.A worker from Mifflin County lost his job directing traffic after he asked for information on his companys medical marijuana policy, a conversation in which he voluntarily revealed that he used the drug outside of work. by Suzanne Sentman, SPHR on April 13, 2018. Christopher Baxter The departments safety rules are meant for people who work on a pipeline, not employees who do design work, the agency wrote.Philadelphia Gas Works in June agreed to return him to full duty, remove all discipline in connection with his November drug test, and pay $375 to an addiction treatment provider for his outstanding bill, according to copies of the settlement obtained by Spotlight PA.Douglas is happy to be back in his regular job doing work he enjoys. The lack of clarity is frustrating for employers too. And it also enables us to share that work with more than 90 newsroom partners in your community and communities across the state at no charge. As long as they are a Pennsylvania resident, they have that card, they use it off work hours, and are eligible for their medicine, they cannot be fired just because they are medical marijuana patients, he says. . Unfortunately, the answer is yes, they can. The company then filed a lawsuit to challenge the fired workers ability to collect unemployment benefits. Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. I am anticipating a job offer from P/enelec aka F/irst E/nergy as a DSO (distribution system operator) and they have a strict no drug/alcohol policy with a pre-employment drug test as well as random drug tests periodically. Nursing and medical school urine drug screening typically tests for the following drugs: amphetamine (methamphetamine), barbiturates, benzodiazepine, cocaine, marijuana, methadone, methaqualone, opiates (codeine & morphine), phencyclidine, propoxyphene, and oxycodone. From giant corporations to predatory hedge funds, a small number of billionaire owners have a powerful hold on so much of the information that reaches the public about whats happening here. You'll need a driver's license or state-issued photo ID, and to be 18 years old. On Wednesday, the Pennsylvania House passed Senate Bill 3 to send the medical marijuana legalization bill to Governor Wolf's desk. Show moreKey PointsVague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug.Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit.More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. In fact, most states that have voted to legalize medical cannabis have added amendments forbidding employers from punishing employees who have failed marijuana drug tests. In some cases, employees alleged they were punished without even undergoing a drug test. In fact, there are more than half a million registered patients and caregivers, according to the Pennsylvania Department of Health. If you have one of these conditions, and you obtain your physician's certification, you can visit the state's Department of Health website and apply for your Pennsylvania medical marijuana card. Spotlight PASupport This Work People in Douglas role should not be required to participate in their federally-mandated drug testing, the agency said. Here's a list of the top 10 companies that conduct drug testing in Pennsylvania: The Phillips Group Walmart Bayer Amazon Proctor & Gamble Seagate Target Home Depot Frito-Lay American Express The bottom line A drug-free workplace ensures a safer working environment by reducing the risks and dangers of an employee under the influence of drugs. The tests dont tell you whether an employee was impaired at work. While Pennsylvanias medical marijuana laws dont explicitly state that you can sue over that type of discrimination, case law in the state has upheld what is known as a private right of action, which allows lawsuits to be filed under the Medical Marijuana Act. Does wegmans drug test part time 15 year olds? In Palmiter v. They can be punished if they show up to work impaired similar to the process for other drugs, according to Leech and a city spokesperson. The employee, a Security Analyst, was required to submit to a return-to-duty drug test after being on leave for more than 90 days due to a surgery. Depending on how valuable you are to . If an employee tests positive for medical marijuana on a post-accident test, the employer should not terminate without reasonable suspicion unless: (A) the employee has no valid medical card; (B) the prohibition under category (1) above applies and the nanogram level has been met; or (C) the DOT exception I explain below applies. Some saliva tests have detected . People want jobs, not lawsuits, Auerbach says. And they shouldnt have to., READ MORE: Our best Philly tips: Read our most useful stories. In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system. But with the rapid advancement of legislation at the state level permitting either medical or recreational cannabis use, the legal relationship between cannabis use and employment law has become much more confusing. Editor in ChiefCLICK TO CONTRIBUTE NOW ReportingEd MahonSpotlight PAemahon@spotlightpa.orgIllustrationsLeise HookSpotlight PAEditingSarah HutchinsInvestigations Editorshutchins@spotlightpa.orgFact-Checking and Copy EditingStephen KearseAssistant Editorskearse@spotlightpa.orgLayoutEthan Edward CostonSpotlight PA100% Essential ReportingSpotlight PA relies on funding from We have no billionaire owner or shareholders to consider. An estimated 64 million people have tried CBD in the past 24 months, according to a January 2019 nationally representative survey by Consumer Reports of more than 4,000 adult Americans, using it. Among them:A worker at a Northumberland County distribution center was sent home and demoted after his medical marijuana card fell out of his wallet at work, his attorneys claimed in a lawsuit. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. But multiple studies show that commonly used urine drug screens might indicate that someone used marijuana days or weeks ago. In court filings, attorneys for the unemployment board disputed both claims and argued there is no credible evidence that Claimants use of medical marijuana created a safety hazard for anyone.In June 2021, Commonwealth Court ruled in Moyers favor, a victory in a battle he thinks he shouldnt have had to fight in the first place. A spokesperson for the Department of Labor and Industry said the agency doesnt have statistics for the number of people initially denied benefits in cases similar to Moyers.Different approachesPennsylvanias Department of Health oversees the states medical marijuana program, but an agency spokesperson said the law does not give it broad oversight of enforcement of employee protections, adding that changes to the law would require legislative action.While Pennsylvania lawmakers havent changed protections for workers, some employers and local governments have adjusted their own policies.The number of urine drug screens in Pennsylvania that included marijuana dropped from nearly 99% in 2017 to 88% in 2021, according to workforce data from Quest Diagnostics. Contest the punishment. Mayo Clinic Laboratories estimates that urine drug tests, the most common type, will detect marijuana use for about three to 30 days, depending on how frequently the person used cannabis.How long are people impaired from cannabis?That varies, too, but studies related to driving and cognition have shown that occasional recreational users return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana, according to a 2015 report from two occupational health groups.Is there a standard definition of impairment for cannabis?No. Philadelphia Gas Works in June agreed to return him to full duty, remove all discipline in connection with his November drug test, and pay $375 to an addiction treatment provider for his outstanding bill, according to copies of the settlement obtained by Spotlight PA. Douglas is happy to be back in his regular job doing work he enjoys. Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. They think they have a card and they are protected, like I did.. In most states, your employer is required to provide you with a copy of your drug test results, at this time you can challenge these results by way of retest or explanation. Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. If you sue, Auerbach says, you can include both out-of-pocket damages and punitive damages. All of those laws include exceptions if federal laws or rules require drug testing. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. He said several of the conditions that qualify people for medical marijuana cancer, anxiety, post-traumatic stress disorder, and severe chronic pain are conditions that firefighters get as a result of things that happen on the job., I have had firefighters tell me that its changed their life dramatically, Leech said. Mayo Clinic Laboratories estimates that urine drug tests, the most common type, will detect marijuana use for about three to 30 days, depending on how frequently the person used cannabis. Snare replied that she appreciated his honesty, respected the years and hard work he gave the company, and believed him when he said he didnt use the drug on the job. That varies, too, but studies related to driving and cognition have shown that occasional recreational users return to a generally nonimpaired state within 3 to 6 hours after smoking marijuana, according to a 2015 report from two occupational health groups. New York employers cant use drug tests as a basis for determining impairment from cannabis and the state bans cannabis drug tests for many employees. (Steven M. Falk of The Philadelphia Inquirer), It helps with pain. Basically, its that if you appear in some way intoxicated while youre on the job, and youre behaving in a way that that employer feels is affecting your job performance, Gullen says. 3. And while the law states that employers cant discriminate against an employee solely on the basis of such employees status as an individual who is certified to use medical marijuana, Spotlight PA has found that protection has significant limits. To be on the safe side, they cannot be using marijuana at work or be under the influence while at work. The bill passed out of committee on a party-line vote with all Republicans in favor. For the more than 400,000 medical marijuana patients in the state, the stakes are high. Physicians for Reproductive Choice and Health (PRCH) To order more cards or if you have any questions or comments, please contact the Clara Bell Duvall Reproductive Freedom Project, ACLU-PA at 215.592.1513 x115 or email duvall@aclupa.org. Show moreKey PointsVague protections in Pennsylvanias medical marijuana law create unnecessary confusion and force workers to choose between their job and a doctor-approved drug.Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit.More than a dozen workers have filed lawsuits alleging they were punished for being a medical marijuana patient or legally using the drug. The clause states that: "A PATIENT MAY BE PROHIBITED BY AN EMPLOYER FROM PERFORMING ANY DUTY WHICH COULD RESULT IN A PUBLIC HEALTH OR SAFETY RISK WHILE UNDER THE INFLUENCE OF MEDICAL MARIJUANA. While many of its neighbors are actively striving for easier access to medical marijuana, Pennsylvania is still adamant in confusing its patient community with its contradictory drug testing laws. This article and all of our journalism are available to you at no cost thanks to our supporters. How do I register with the department of health? The law also allows employers to prevent workers from performing any duty which could result in a public health or safety risk while under the influence of medical marijuana, a provision that can be interpreted many ways. Some jobs are specifically regulated by state and federal drug testing rules, but most fall into a gray area that leaves the interpretation of the rules up to employers and the courts. Ed MahonSpotlight PAIllustrations by This is because state laws may define a drug. Employers say they have to juggle creating a safe work environment with the potential for a wrongful termination lawsuit. And its unlikely that an employer will ask if you are one (though thats not prohibited by law). Conclusion. Here are a few examples:Arizona, Minnesota, and Delaware say employers cant punish patients based on a positive drug test for marijuana unless they used, possessed, or were impaired at work or on duty.New York employers cant use drug tests as a basis for determining impairment from cannabis and the state bans cannabis drug tests for many employees.New Jerseys acting attorney general sent a memo to law enforcement agencies, telling them state law allows police officers to use cannabis off duty.All of those laws include exceptions if federal laws or rules require drug testing.Sources (in order)Arizona statutesDelaware codeMinnesota statutesNew York State Department of Labor guidanceNew Jersey Office of the Attorney General; New Jersey statutesCalifornia chapter of the National Organization for the Reform of Marijuana LawsIn 2018, Pittsburgh firefighters worked out an agreement with city officials that created specific protections for medical marijuana cardholders who use the drug off duty.When we sat down with city officials to talk about this they said, We dont want firefighters coming to work high, Tim Leech, a firefighter and vice president of the local union, told Spotlight PA. And we said, Well, this is going to be easy because neither do we.Firefighters are still subject to random drug tests, but cardholders arent disciplined if they test positive for marijuana, according to the agreement. Here are a few examples: Arizona, Minnesota, and Delaware say employers cant punish patients based on a positive drug test for marijuana unless they used, possessed, or were impaired at work or on duty. Possess quantities of marijuana and marijuana products above the limits on adult-use marijuana in Virginia. Pennsylvanias Department of Health oversees the states medical marijuana program, but an agency spokesperson said the law does not give it broad oversight of enforcement of employee protections, adding that changes to the law would require legislative action. He said several of the conditions that qualify people for medical marijuana cancer, anxiety, post-traumatic stress disorder, and severe chronic pain are conditions that firefighters get as a result of things that happen on the job.I have had firefighters tell me that its changed their life dramatically, Leech said. Im in boston do they drug test for marijuanna. 2022Pennsylvania Department of Health, August But restrictions on other workers such as those working at heights or in confined spaces are more vague. But what about work? Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. In lawsuits, medical marijuana patients said they were denied or fired from a variety of jobs: forklift operator, welder, medical assistant, construction worker, emergency medical technician, and customer service representative. A major requirement when applying for jobs, applicants are often required to be tested for drug use and drug abuse. This excludes testing of employees in positions with federal drug-testing requirements. What do I need for my appointment? How long is marijuana use detectable in a drug test? When Pennsylvania lawmakers successfully passed a medical marijuana bill in 2016, they set specific blood limits for users working in a few jobs: ones that require people to operate certain chemicals, high-voltage electricity, or any other public utility. And what are the limitations? 1200 New Jersey Ave, SE Washington, DC 20590 United States. That section states: And it seems like were not. State Sen. Judy Schwank (D., Berks) said the measure could be especially burdensome to someone whos using medical marijuana for all the right reasons.The bill passed out of committee on a party-line vote with all Republicans in favor. General DQ Questions Medical Exams Audits. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. Employers cannot both be held accountable for maintaining a safe workplace and be unable to discharge employees for marijuana use, they wrote in court filings. New Card $199, Renewal $100, Returning Patients $50. journalism every Thursday, plus a weekly riddle. In Philadelphia, elected officials passed a ban on pre-employment marijuana screenings for many jobs. It should be more clear, Moyer told Spotlight PA. A lot of people dont know. But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. Philadelphia Gas Works included Douglas, but he said he primarily works on a computer. Asked June 14, 2017. . Pre-Employment Urine Test as a Med Card Holder. Anyone in the industry is actually taking a pretty big risk, hoping that the federal system doesn't crack down like it did in the beginning. I have quit smoking in the meantime just in case, but it will . Clark said he asked potential employers if using marijuana would affect his hiring and was told it would. Even if you can file a lawsuit, keep in mind that it takes time up to 18 months, in Auerbachs estimation before a judge could possibly rule in your favor. of Health and talked to workers at various .