On September 24, 2024, the Pittsburgh City Council passed a groundbreaking ordinance that prohibits employment discrimination based on an individual’s status as a medical marijuana patient. Signed into effect immediately, this ordinance has significant implications for employers, particularly those with five or more employees. This new law prohibits pre-employment drug tests for marijuana for applicants who hold valid Pennsylvania medical marijuana cards. It also imposes limitations on employer-initiated marijuana testing during the course of employment without suspicion of impairment.”
Key Provisions Of The Pittsburgh Medical Marijuana Ordinance
The ordinance sets a new precedent in employment law, shifting the focus from how employers handle positive marijuana test results to whether they can conduct marijuana tests at all. Unlike similar protections in other states, such as New Jersey, where employers can test but are limited in their ability to take action based on a positive result, Pittsburgh’s ordinance removes the option to test medical marijuana patients altogether, except under specific safety-related circumstances.
The ordinance defines a medical marijuana patient as someone with a serious medical condition, disability, or handicap who is certified under Pennsylvania law to use marijuana for medical purposes. This protection applies only to individuals participating in Pennsylvania’s Medical Marijuana Program. The law does not extend to non-participants or recreational marijuana users.
While this protection offers significant benefits to medical marijuana patients, it poses a challenge for employers. Typically, employers do not know whether an applicant or employee holds a medical marijuana card unless the individual volunteers that information, making it challenging to apply the ordinance in pre-employment scenarios where medical disclosures are not yet allowed.
Exceptions And Limitations
Though the ordinance is comprehensive, it does include several critical exceptions. Employers can still test applicants or employees for marijuana if they work in certain safety-sensitive positions. For example, individuals subject to U.S. or Pennsylvania Department of Transportation regulations, those who handle firearms, or employees in positions with specific collective bargaining agreements that mandate drug testing are exempt from the ordinance’s protections.
Additionally, Pennsylvania’s Medical Marijuana Act allows employers to take action against employees under the influence of marijuana while performing specific high-risk tasks. This includes working with chemicals requiring government permits, operating heavy machinery or high-voltage equipment, or performing duties at heights or in confined spaces.
The ordinance allows employers to:
- Discipline employees under the influence of marijuana at work.
- Prohibit marijuana use in the workplace.
- Test employees for illegal drug use.
- Conduct drug tests if there is reasonable suspicion of impairment.
- Perform drug tests following workplace accidents.
Employers must navigate these provisions carefully to ensure compliance while maintaining workplace safety.
Implications For Employers
For businesses operating in Pittsburgh, the new ordinance necessitates reevaluating pre-employment and workplace drug testing policies. Employers should implement clear processes for identifying medical marijuana cardholders. After conditional job offers, employers should ensure that safety-sensitive positions are properly classified and update their policies to reflect the ordinance’s testing limitations.
Failing to comply with these new regulations can expose employers to potential legal risks, including discrimination claims. This adds another layer of complexity to already intricate employment law compliance requirements.
How GMS Can Help
Navigating changing employment laws, particularly around medical marijuana, can be challenging for employers. At GMS, we understand how complex it is to stay compliant with constantly changing local and federal regulations. Our team of experts can help you develop HR policies that align with the new Pittsburgh ordinance, ensuring your business remains compliant while ensuring a safe and productive work environment.
Whether your business needs assistance with pre-employment procedures, policy development, or ongoing employee management, GMS can provide the tailored support you need. We take care of the administrative and compliance burdens so you can focus on growing your business. Contact GMS today to learn more about how we can help you adapt to these new regulatory changes.