Legal Question in Employment Law in Pennsylvania

Drug testing in the workplace

Until now, my company (very small) did not have a drug testing policy and as such it was not a condition for employment. Now the CEO wants to add one and further stipulate that existing employees must sign a form indicating they're acceptance to being terminated if the presence of drugs or alcohol is found in their body. Is this legal?


Asked on 5/31/07, 12:52 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Drug testing in the workplace

You asked if a company may institute a policy providing for termination for a positive drug test.

Yes.

The company can test for drugs and can terminate for a positive result (but also must provide an appeal/retest process). It would be illegal to test for use of alcohol but can test for the current presence of alcohol.

The next question is can your employer require you to sign this agreement in exchange for continued employment? The jury is still out but the balance is weighted in the employer's favor.

So put down that crack pipe and let the cleansing begin.

Regards,

Roger

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Answered on 5/31/07, 7:16 pm


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