Blog

 
     

Pennsylvania Enacts a New Medical Marijuana Law

By Michael Klazema on 5/23/2016

On April 17, 2016, Pennsylvania passed the Medical Marijuana Act which legalizes the prescription and use of medical marijuana for individuals with a serious medical condition and establishes a medical marijuana program. The new marijuana act, effective May 17, 2016, includes antidiscrimination provisions and work exceptions for employers.

Section 2103 (B) states, “No employers may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee’s compensation, terms, conditions, location or privileges solely on the basis of employee’s status as an individual who is certified to use marijuana.”

Employers may not allow an employee, who is under the influence of medical marijuana, to perform the following tasks:

1.    Operate or be in physical control of chemicals which requires a permit issued by the federal or state government agency;

2.    Work with high-voltage electricity or any other public utility;

3.    Perform any employment duties at heights or in confined spaces, including but not limited to mining, or

4.    Perform any duty which could result in a public health or safety risk.

Excluding an employee from these duties listed above is not an adverse employment decision, even if the prohibitions result in financial harm to the employee.

The act allows the employer to discipline an employee for being under the influence of medical marijuana in the workplace when the employee’s conduct falls below the standard of care normally accepted for the position. There is no requirement for the employer to make any accommodation of the use of medical marijuana on the property or premises of any place of employment.

Click the link below to view the act.
http://www.legis.state.pa.us/cfdocs/legis/li/uconsCheck.cfm?yr=2016&sessInd=0&act=16

What this means to you

  • This applies to all employers in Pennsylvania.
  • The new act allows employers to discipline an employee for being under the influence of medical marijuana in the workplace when the employee’s conduct falls below the standard of care normally accepted for the position.
  • Restricting an employee under the influence of medical marijuana from performing four specified duties is not an adverse employment decision, even if the prohibition results in financial harm to the employee.
There is no requirement for employers to accommodate the use of medical marijuana on the property or premise of any place of employment.  

Tag Cloud
Categories
Recent Posts

Latest News

  • December 11 The Department of Health and Human Services Office of the Inspector General criticized a migrant youth detention center on the border for not running the proper background checks. Federal law requires the facility to screen all employees with FBI fingerprint checks.
  • December 06 In a bid to combat money laundering and illicit funding sources for terrorists flowing through the country's real estate sector, Singapore's government now mandates background checks for buyers purchasing properties prior to development.
  • December 04 What is a reference check? How does it vary from a work history check? We explore these questions and others.
  • December 04 Chicago Public Schools has dismissed hundreds of employees, coaches, vendors, and volunteers based on background check findings. The district recently vowed to re-check the majority of its 68,000 employees after a Chicago Tribune investigation revealed holes in its background check policies.
  • November 29 Striving to create a safer environment more conducive to productive training and leadership development, the Army has recently moved to adopt a uniform policy of background checks for certain roles. 
  • November 27 For hiring managers to verify the information provided on a resume, verification is essential.  Such is the purpose of employment history background checks.
  • November 27 California’s biggest public school district is waiving the cost of volunteer background checks. The move is meant to encourage more family - and community members to get involved with the school district.
  • November 22 Contractors play an important role in the workforce, delivering services to both individuals and organizations. Vetting contractors for suitability continues to be a challenge, as two recent articles prove.
  • November 21 When it comes to background and pre-employment checks, it can be instructive to look at the characteristics of the ten most massive U.S. employers.
  • November 21

    Verification checks are a powerful way to assess how truthful a job candidate has been on his or her application or resume. These checks can verify work history, education verification, professional licenses, and favorable personal qualities.