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An Ordinance that goes into effect in 2022 will prohibit employers in the City of Brotherly Love from testing most job seekers for cannabis use.

About The Ordinance

Philadelphia legislators passed an Ordinance titled: Prohibition on Testing for Marijuana as a Condition for Employment. It amends the Philadelphia Code to specify that it will be unlawful for an "employer, labor organization, employment agency or agent thereof to require a prospective employee to submit to pre-employment marijuana testing as a condition of employment."

While the Ordinance bans pre-employment drug screening under most circumstances, it does not mention anything about testing existing employees. It also does not prohibit employers from disciplining staff who are under the influence during working hours or have cannabis at the workplace. Legislators are expected to publish additional guidelines for further clarification in the near future.

This law was approved by City Council members and then signed by Mayor Jim Kenney on April 28, 2021. It goes into effect on January 1, 2022.

Exceptions

Some exceptions to the ban are made. Employers may still test for cannabis when hiring for certain types of positions, including:

• Law enforcement.
• Those that require a commercial driver’s license.
• Any that involve providing care or supervision to children, medical patients, individuals with disabilities or other vulnerable adults.

Organizations may also screen candidates for marijuana, if:

• They are party to a valid collective bargaining agreement that specifically addresses the need to run drug tests when making hiring decisions.
• It is required by federal law.
• The position is one in which an employee "could significantly impact the health or safety of other employees or members of the public.”

Violations

Employers that violate this Ordinance may be subjected to penalties. While none are specified, violations of the Philadelphia Code typically incur fines of $300 or up to $2,000 for "Class II" offenses. Every day a violation continues is deemed a separate offense so more fines can be added until the situation is resolved.

Compliance

Affected organizations are encouraged to document what steps they will take to comply with the Ordinance. This can be added to existing documentation about your hiring, screening and legal policies. Once that is finalized and approved by counsel, these rules should be shared with everyone who is involved in the hiring process.

Pennsylvania’s Medical Marijuana Act

Businesses in PA should also be aware of the Medical Marijuana Act. It created requirements for employers to accommodate staff who use medical marijuana while they are not working or at a worksite, unless doing so would create an undue risk.

Running Background Checks

Organizations in Philadelphia and throughout the country are encouraged to run comprehensive background checks on applicants, volunteers and contractors. In most cases, these screenings can include some form of drug testing. Make sure your policies are current and compliant with relevant laws, industry requirements and best practices.

When you need employment background checks, please contact us. Our experienced, friendly team can help you customize screening packages for any position. We are available to answer questions and assist you Monday through Friday from 5am to 6pm PT.