Pa. bill addresses medical marijuana, safety-sensitive jobs – Business Insurance

Pennsylvania lawmakers on Wednesday introduced legislation that would allow employers to take adverse actions against employees who work in safety-sensitive positions who also possess a medical marijuana card.  

Under Senate Bill 1290, employees would no longer be permitted to work in safety-sensitive jobs whose duties include working at great heights or in confined spaces if they are found to be under the influence of marijuana, regardless of whether they hold a valid medical marijuana card.

A worker who is a medical marijuana patient may be prohibited by an employer from performing any tasks the employer deems life-threatening, and the prohibition would not be considered an adverse employment decision, even if the decision results in financial harm to the employee, the bill states.

The bill also permits employers to require employees or job applicants to submit to a drug test for marijuana while working in, or applying for, safety-sensitive positions.

The measure would also allow employers to require an employee or job applicant to disclose and produce a valid, state-issued medical marijuana card if the worker’s position is safety sensitive; medical marijuana patient status is currently protected health information in Pennsylvania.

The bill was referred to the Senate Law and Justice Committee.