Pittsburgh is taking a big leap in workplace protections.
On September 24, 2024, the city passed an ordinance that shields medical cannabis users from pre-employment drug tests.
Mayor Ed Gainey quickly signed the law, making it effective immediately.
This new rule prevents employers, agencies, and labor organizations with five or more employees from discriminating against those with a valid Pennsylvania medical cannabis card.
In a break from other states like New Jersey, Pittsburgh’s ordinance goes further—it outright bans pre-hire testing for cannabis, except in specific cases.
Jobs deemed safety-sensitive, such as those regulated by the Department of Transportation or involving firearms, remain exempt. Workers handling dangerous chemicals or public utilities are also not covered under the law.
For those within the Pennsylvania medical cannabis program, this is a game-changer. But if you’re using hemp or not enrolled in the state program, these protections don’t apply.
Employers may face challenges here. They can’t ask about medical conditions during the hiring process, leaving them in a tricky spot when it comes to pre-hire testing policies.
Testing after someone is hired, however, can still occur if there’s reasonable suspicion of impairment.
State law also allows employers to act if an employee is found to be under the influence at work.
A THC level over 10 nanograms per milliliter in the blood signals impairment, and employers can take action accordingly.
The city’s ordinance aligns with this standard, ensuring any employer action follows state law.
This new law forces Pittsburgh employers to rethink their drug testing policies, particularly during the hiring process.
They’ll need to develop protocols for managing medical cannabis cardholders post-offer and evaluate if any jobs qualify for exemptions under the new guidelines.
In short, Pittsburgh’s latest move is a major win for medical cannabis patients, but there’s still some fine-tuning ahead for employers.
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