FAQs
Welcome to the Drug-Free WorkPlace Solutions Frequently Asked Questions (FAQs) page. If you have a question about the Drug-Free WorkPlace Solutions program or a drug-free workplace matter, please contact us at info@drugfreesolutions.org or by calling 717-232-0300.
Workplace Policy
Can I drug test an employee without a policy in place?
While Pennsylvania does not have any specific drug testing laws, it would not be advisable to test your employees without a policy in place due to the possibility of civil litigation that may stem from discrimination or unfair employee practices. A drug and alcohol policy is the backbone of your drug-free workplace program and provides a guide to handling drug and alcohol testing in your company.
return to top of pageIf I have a zero tolerance drug and alcohol policy, can I terminate one employee with a positive drug test result and keep another employee who tested positive as well?
No, even though Pennsylvania is an “employment at will” state, the chances for civil litigation increase with inconsistency in a drug-free workplace program.
return to top of pageWhat is a Last Chance Agreement (LCA)?
If your company does not have a zero tolerance policy, an employee who tests positive on a drug test may qualify for a last chance to stay employed at your company. A LCA is a document signed by the employee that explains your company has a progressive policy and the employee is allowed to keep his/her current job if they meet certain criteria outlined in the LCA.
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