November 6, 2024
An ordinance amending Chapters 651 and 659 in the Pittsburgh Code has recently taken effect. For employers in Pittsburgh, this ordinance prohibits them from performing pre- or post-testing for marijuana use by medical marijuana patients. The new ordinance has already taken effect and requires immediate action by covered employers.
Who The Ordinance Covers
Pittsburgh’s new ordinance applies to employers with five or more employees, any governmental agencies under the City of Pittsburgh, employment agencies, and labor organizations. Notably, this excludes any “religious, fraternal, charitable or sectarian organization which is not supported in whole or part by any governmental appropriations.”
However, cannabis users should understand that the ordinance does not apply to all users equally. According to the ordinance, it protects those registered with Pennsylvania’s medical marijuana program only. As such, the law excludes recreational users and those registered under other states’ medical marijuana programs.
The law also provides carve-outs for various safety-sensitive roles. Examples of such roles include those under the Department of Transportation, positions requiring the use of firearms, and roles covered by a collective bargaining agreement.
What Does This Ordinance Require?
This new regulation limits employers’ ability to perform pre-employment marijuana testing. However, it does not eliminate the ability to conduct these tests. Instead, it made medical marijuana patients a protected class under Pittsburgh law.
As such, employers cannot require such individuals to participate in pre-employment testing for marijuana. They also cannot require such individuals to participate in further testing for employment purposes without suspicion of impairment.
Employers may continue performing post-accident testing for marijuana use and maintaining drug-free workplace policies. As such, they can prohibit individuals from using marijuana on their premises. However, the ordinance bans employers from requiring protected medical marijuana patients or individuals to participate in random or routine marijuana drug testing.
How Can Employers Comply?
One step employers can take to comply with Pittsburgh’s new ordinance is removing THC testing from drug screening panels. Removing THC results allows employers to continue testing for other substances while preventing discrimination against medical marijuana users.
Otherwise, employers can inquire whether an individual is a medical marijuana user when issuing a conditional offer of employment. Asking ahead of time allows employers to remove THC results from pre- and post-hire testing panels. Employers may conduct drug tests as expected if the individual does not identify as a medical marijuana user.
With regulations continuously changing regarding hiring, it is crucial to stay up to date. Nowhere is this more important than for employment screening. The best way to help ensure a compliant screening process is by partnering with an experienced provider of background checks.
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