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Legislators passed an Ordinance that updated the Pittsburgh Code to say employers may not screen certain applicants or employees for marijuana usage.

About The Ordinance

Employers in Pittsburgh, Pennsylvania should be aware of a new Ordinance that prohibits them from testing certain applicants or employees for marijuana. Any individual who is registered with Pennsylvania’s Medical Marijuana Program qualifies for this protection. People who are not registered, however, are not covered by the law.

The Ordinance applies to organizations that have five or more employees as well as government agencies, employment agencies and labor organizations. It went into effect in September of 2024. Businesses that operate within Pittsburgh should review their screening policies to ensure they are compliant with these updates to the Pittsburgh Code.

Exclusions

The Ordinance established some exclusions. Employers are exempt if they are a “religious, fraternal, charitable or sectarian organization which is not supported in whole or part by any governmental appropriations.”

Additionally, the Ordinance created exceptions for various positions. Examples include:

• Any position which is subject to drug testing due to regulations of the United States Department of Transportation or the Pennsylvania Department of Transportation.
• Any position that requires employees to carry a firearm.
• Other safety sensitive positions.

Even if a person is registered with the state's Medical Marijuana Program, employers may screen for marijuana if a supervisor has reasonable cause to suspect an employee of being under the influence of a drug while at work or following a workplace accident.

Laws For Employees

Individuals who are registered with Pennsylvania’s Medical Marijuana Program also have some rules that they must follow while on the job. It specifies that workers may not:

• Be under the influence of marijuana to the extent that their conduct falls below the standard level that is typically expected.
• Use or possess medical marijuana at any workplace if the employer disallows that.

If an employee engages in either of those activities, then the employer is permitted to take disciplinary action.

Background Checks In Pittsburgh

Organizations in Pittsburgh must comply with this Ordinance but may still conduct drug screenings for other controlled substances. Otherwise, employers are encouraged to run comprehensive background checks on anyone who might represent their brand, such as employees, volunteers and contractors.

If Your Organization Is Hiring

Background checks are an important part of every organization’s hiring process. They help hiring managers make informed decisions, maintain safe workplaces and conduct due diligence. We think of them as economical insurance policies that help protect your brand, employees and the people you serve.

If your business is in need of employment background checks, please contact us. Our knowledgeable team can work with you to customize screening packages that are perfectly suited for any position. This includes tailoring reports to comply with laws, such as the Ordinance in Pittsburgh, that are in effect wherever you operate. Our service-first team is available to assist you Monday through Friday from 5am to 6pm PT.