Philadelphia PA Ban on Drug Testing for Marijuana Took Effect January 1, 2022

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Philadelphia PA Ban on Drug Testing for Marijuana Took Effect January 1, 2022

On January 1, 2022, an ordinance approved by the City Council of Philadelphia, Pennsylvania, in April 2021 – Bill No. 200625 – made it illegal for employers in the City to require prospective employees to submit to drug testing for the presence of marijuana before hiring them for a job.

Signed into law by Philadelphia Mayor Jim Kenney, the ban exempts jobs such as police officer or other law enforcement positions, any position requiring a commercial driver’s license, and any position requiring the supervision or care of children, medical patients, and disabled or vulnerable individuals.

The ban on pre-employment marijuana testing does not apply to “any position in which the employee could significantly impact the health or safety of other employees or members of the public, as determined by the enforcement agency and set forth in regulations pursuant to this Chapter.”

The ban does not apply to any federal or state statute, regulation, or order that requires drug testing; any contract between the federal government and an employer; or any candidates whose prospective employer is a party to a valid collective bargaining agreement that addresses drug testing of candidates.

The ordinance defines marijuana as “all forms or varieties of the genus Cannabis, the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.” The full text of the ordinance is available here.

ClearStar – a Hanover Investors portfolio company – is a leading provider of Human Capital Integrity℠ technology-based services specializing in background, credit, and medical screening. To learn more about ClearStar, please visit www.clearstar.net.

 

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    Thomas Ahearn - News Blog Editor and Social Media Manager

    Thomas Ahearn is our News Blog Editor and Social Media Manager. Our News Blog provides information about the background check industry to employers, HR professionals, recruiters, and consumers. ClearStar's News covers a variety of topics including Ban the Box, credit reports, criminal records, data breaches, drug testing, Equal Employment Opportunity Commission (EEOC), E-Verify, Fair Credit Reporting Act (FCRA), HR technology, identity theft and fraud, jobs reports, lawsuits involving screening, Millennial workforce, privacy issues, social media background checks, and workplace violence.

    At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.

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