BLOG

Legislators in Pennsylvania are considering a bill that would legalize recreational marijuana use but would not require employers to accommodate usage during working hours.

House Bill 1735

Pennsylvania legislators are reviewing House Bill 1735 (HB1735), an act which would legalize and regulate the personal use and possession of cannabis products. It also covers liability concerns for employers.

If HB1735 goes into effect, a Cannabis Control Board will be established to provide licenses to growers, retailers and other businesses in the cannabis industry. The bill would also prohibit employers from discharging, threatening, refusing to hire or otherwise discriminating against an employee or applicant who uses marijuana on their own time.

Employer Rights If HB1735 Becomes Law

While employers would be prohibited from discriminating against cannabis users, HB1735 clarifies it will not require organizations to accommodate the use of marijuana at any place of employment. Further, it specifies that the act would not require employers to take actions which would cause them to violate federal law.

Pennsylvania based employers would still be permitted to run drug tests on job seekers after they have extended a conditional offer. This includes testing for cannabis if a person is applying for a safety sensitive position. If an applicant refuses to submit to a lawful drug test or provide a sample that has not been tampered with, then the employer is permitted to take an adverse action against the individual.

A summary of the proposed bill explains employers would still be permitted to:

• Refuse to hire or promote individuals who test positive following a drug screening.
• Discipline any employee who is impaired at work.
• Take disciplinary actions against workers who bring cannabis into a workplace.

Drug Screenings

Employers throughout the country continue to rely on drug screenings to help them make informed decisions and maintain safe workplaces. Hiring managers should be aware they have options when determining which substances they wish to screen for.

Drug Screening panels can include various types of substances. For example, employers may opt to order smaller panels that check for the presence of amphetamines, cocaine metabolites, opiates and phencyclidine, and can then decide whether they want to include marijuana metabolites. The same can be done with larger panels which check for a wider variety of illegal substances.

Employment Screening

Every employer is strongly encouraged to run comprehensive background checks when bringing on employees, contractors or volunteers. These reports are a critical part of the due diligence process. They can help reviewers understand if an applicant:

• Does or does not have a required employment history, license or credential.
• Has a criminal record that indicates they pose an undue risk to the business, staff or public.
• Has any required degrees.
• Has a clean driving record.
• Meets hiring requirements.

If your organization needs employment background checks, please contact us. Our experienced, professional team can help you customize screening packages that suit your specific needs, comply with relevant laws and meet industry standards.

Based in California, Backgrounds Online is available to assist you Monday through Friday from 5am to 6pm PT.