Pennsylvania does not have a state law that regulates or prohibits drug testing in the private sector. However, private employers that choose to implement a testing program should be sensitive to the privacy issues involved. For example, a random drug testing policy may compete with an individual's right to privacy. Please see the national Alcohol and Drugs section.
The Pennsylvania Human Relations Act prohibits employment practices that discriminate on the basis of certain classifications, including disability or handicap. The Act covers public employers and private employers with four or more employees. However, current addicts or illegal users of a controlled substance are not disabled for purposes of the state law against disability discrimination (PA Stat. Tit. 43 Sec. 951et seq.).
ADA compared.The federal Americans with Disabilities Act (ADA) considers alcoholism to be a disability, but not the current use of illegal drugs. However, the ADA does protect individuals who either are participating in or who have completed a supervised drug rehabilitation program and are no longer current drug users. Additional information on the ADA and reasonable accommodation for substance abusers is available. Please see the national Alcohol and Drugs section.
The Drug-Free Workplace Act of 1998 establishes a drug-free workplace demonstration program within the U.S. Small Business Administration (SBA). Under this program, SBA can make grants to eligible intermediaries to assist small businesses financially and technically in establishing drug-free workplace programs. Grant and contract recipients will be responsible for educating small ...