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. The legal basis for CDL and CDL drug testing is provided by 49 CFR 383. 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. 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. 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. Federal Drug Laws Although federal drug testing laws are vague and unclear, federal drug laws are not. The Longenecker case ended earlier this year later after the two sides privately resolved the lawsuit and asked a judge to dismiss the case. They can potentially discipline you for that.. That leads to inconsistency and what employers see as a lose-lose scenario: Either risk a wrongful termination suit, or potentially allow an unsafe work environment.Despite widespread demands for clarity from businesses, cannabis advocates, attorneys, and at least one judge, the legislature and governor have so far failed to explicitly outline the rights of scores of workers and employers.A review of more than a dozen state and federal lawsuits by Spotlight PA highlights the laws ambiguity, showing the ramifications faced by legal marijuana users.
VA Policy On Medical Marijuana & Veterans - Military Benefits A Pennsylvania federal court refused to dismiss an employee's claim that she was fired in violation of the Pennsylvania Medical Marijuana Act. (By contrast, the ADA applies to companies with 15 or more employees, while the PHRA is applicable to companies with four or more employees.). Find a Drug Test Location. Ed MahonSpotlight PAIllustrations by 1-877-564-2333 contact form J. J. Keller. . But, she says, the laws have limitations, especially for those who use medical marijuana to manage debilitating physical ailments. Pennsylvania law, he said, should offer more protections so medical marijuana patients arent fired. The new FMCSA Medical Examination Forms (2016) and reporting system have increased administrative work and time for medical examiners, and costs for the DOT physical exam are rising accordingly. His attorneys wrote that Longenecker selected products from the warehouse and helped load them onto trucks, a job that paid $22 an hour. Hes a drafter who creates construction drawings for the pipes that connect gas to peoples homes and businesses. They are being forced to choose between their jobs and their medicine. Unfortunately, we cannot allow you to flag for us, Snare wrote the next day. A spokesperson for Philadelphia Gas Works wouldnt answer questions about Douglas situation or broader questions about its drug testing policies. But restrictions on other workers such as those working at heights or in confined spaces are more vague. But that, Gullen says, is an unsettled area of the law. Auerbach says that filing a claim under the ADA or PHRA mostly depends on whether your employer knows what your disability is not just whether they know youre a medical marijuana patient so it can get complicated. Pittsburghs firefighters union worked out a deal with city officials that protects medical marijuana cardholders who use the drug off duty. But he told Spotlight PA in July that uncertainty over workplace policies on marijuana limited his options. But there is no similar national standard for drugged driving.In August 2020, Clark sent an email to the owner and president of the company, Shannon Snare, asking about the workplace policy for medical marijuana.I just dont know what our policy is on it and what would happen if I was sent out for a urine, Clark wrote, referring to a drug test and adding that he didnt want anyone to be caught off guard with this.Snare told him she was checking with her attorney and would get back to him.Unfortunately, we cannot allow you to flag for us, Snare wrote the next day.Hed have to quit using marijuana and pass a drug test if he wanted to continue flagging, she explained. Steven Auerbach, JD, Narberth-based employment attorney. We still have the right to earn a living.Clark filed a wrongful termination lawsuit in the Lancaster County Court of Common Pleas, where the two sides have sparred over federal requirements and safety issues.Clarks counsel claimed he never used marijuana on the job, never worked impaired or under the influence, and never consumed marijuana within eight hours of the start of a shift.Meanwhile, attorneys for JRK Enterprises argued that he would expose the company to legal risks if an accident occurred.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.In late August, Pennsylvania Superior Court declined to weigh in on the case, and it is continuing in Lancaster Countys court system.Unemployment benefits deniedAfter employees lose their job, they can run into other problems.Robert Moyer was a warehouse worker for Jack Lehr Electric in Lehigh County, earning $16.50 an hour, until February 2020, when he was fired because a drug test came back positive for marijuana use, according to unemployment board records. Will you do your part today by making a contribution? But so far, Pennsylvania lawmakers havent done the same, and attempts to change protections have run into obstacles. The law says that employers cant discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against patients compensation, terms, conditions, location or privileges solely based on their status as registered medical marijuana users. Show moreFederal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee. It is, therefore . 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.
New Pennsylvania Laws Affect Pre-Employment Marijuana Testing I have quit smoking in the meantime just in case, but it will . For example, Pennsylvanias medical marijuana law says that patients are prohibited from certain jobs or job functions if they have more than 10 nanograms of THC per milliliter of blood in their system, including working with: Chemicals requiring a permit issued by the state or federal government.
Will a Medical Marijuana Card Show Up on a Background - Secure Thoughts Things are less clear cut if you have a felony conviction, however.
The Pennsylvania Drug Testing Laws - What Will Happen to My Job? Update - Medical Marijuana in the Pennsylvania Workplace 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. Asked June 14, 2017. . The federal agencys May interpretation noted that its rules dont ban employers from creating their own process to drug test people in his position. Its expensive and time-consuming to fight these cases in court and the outcome is uncertain. The U.S. Department of Transportation, for instance, says pilots, school bus drivers, truck drivers, train engineers, ship captains all deemed safety-sensitive employees fall under its drug testing requirements and cant use the drug.Those federal drug testing rules led to problems for Todd Douglas, a medical marijuana patient and Philadelphia Gas Works employee.Gas pipeline operators determine which of their employees are required to complete federally mandated drug testing for pipeline workers. 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. I gotba med card. 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. Jack Lehr Electric declined to comment for this story, through an attorney. But restrictions on other workers such as those working at heights or in confined spaces are more vague.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.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.Pennsylvanias law doesnt specifically address the rights of patients to use the drug when they arent at work, and unlike some other states, it doesnt include protections for them if they fail a drug test but are not impaired.[The law] kind of gives with one hand and takes it away with the other hand, said Judith Cassel, a Harrisburg attorney who specializes in cannabis issues. However, when I called Occupational Health (a place that does biometric testing), they said if you present your med card, they will mark your urine test results negative for marijuana, regardless of the actual results.
Can Doctors, Nurses Smoke Marijuana? (License FAQ) - Chudnovsky Law foundations and readers like you When Moyer applied for unemployment benefits, the Department of Labor and Industry denied his application and so did an appeals officer.
Getting Medical Marijuana in Pennsylvania - PA.GOV The Pennsylvania Medical Marijuana Act (Act 16) protects registered patients from unfair discrimination in the workplace without requiring employers to violate federal law. 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. 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. The application process takes about 7 to 10 days on average.
Workers with medical marijuana cards in PA face firing That means that, among other things, an employer or potential employer, if youre looking for work cant legally fire or refuse to hire you just because you use medical marijuana. (Fall 2017 [updated March 2021]) Medical Review Officers (MROs) offer important oversight in the drug testing process by making the final determining if a drug test is ruled positive or negative.The MRO's role is to verify that an individual has a legal explanation, i.e., a prescription, for having a substance in his/her system at the level it shows. That case centers on Joseph Clark Jr., who worked for JRK Enterprises as a flagger, directing traffic at construction sites.
Does a Medical Marijuana Card Affect Employment? - Heally Before you move on, I was hoping you would consider taking the step of supporting Spotlight PAs journalism either one time, or with a monthly gift.This article and all of our journalism are available to you at no cost thanks to our supporters. Marijuana can impair a persons judgment, coordination, and balance, according to a report from the National Institute on Drug Abuse. Although Pennsylvania employers cannot take action against employees because they . With dispensaries now open for business as of February 15, employers operating in the Commonwealth may soon experience the . Security officials will check your marijuana card before allowing you in. Often this term is used in the context of drivers who pose a safety risk. The governor will sign the bill on Sunday. [The law] kind of gives with one hand and takes it away with the other hand, said Judith Cassel, a Harrisburg attorney who specializes in cannabis issues.
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