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Philadelphia City Council Passes Ordinance Barring Pre-Employment Marijuana Testing For Many Jobs

 

On April 22nd, the Philadelphia City Council voted 15 - 1 to approve an ordinance that would prohibit many employers in the city from requiring pre-employment marijuana testing as a condition of employment.  On April 28th, Philadelphia Major Jim Kenney signed the ordinance into law.

For those concerned about how expansive the ordinance is, I would caution that there are a lot of carve outs in which some employers can still require pre-employment marijuana testing.  For instance, jobs in law enforcement, for those needing a commercial driver’s license, health care workers, and “any position in which the employee could significantly impact the health or safety of other employees or members of the public” can still require pre-employment marijuana testing.  In addition, pre-employment marijuana testing is still allowed as set forth in any federal or state statute, regulation, or order that requires drug testing of prospective employees for safety or security reasons.

The ordinance is not set to take effect until January 1st.  However, as with any law or ordinance that has a delayed start, now is as good of a time as any for Philadelphia employers to take steps to ensure they do not run afoul of the ordinance.


For a copy of the ordinance:  https://phila.legistar.com/View.ashx?M=F&ID=9348490&GUID=E5EB8401-9105-4AC5-BF30-D6AE25DF072E

For additional information:  https://www.inquirer.com/politics/pennsylvania/philadelphia-employment-marijuana-testing-city-council-bill-20210422.html

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