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Section 1: Title

This legislation may be cited as the Drug Screenings Reform Act

Section II

1. It is unlawful for any employer in this Commonwealth to fail or refuse to hire a  prospective employee because the prospective employee submitted to a screening  test  and  the results of the screening test indicate the presence of marijuana.

2. The provisions of subsection 1 do not apply if the prospective employee is applying for a position:

(a) As a firefighter

(b) As someone in the following medical fields;
      I. As a medical technician
      II. As a hospital worker
           1. Possible termination may only go into effect if the drugs are commonly used for medical
               purposes in the specific occupational and residency area

(c) That requires an employee to operate a motor vehicle and for which  federal or state law  requires the employee to submit to screening tests; or


3. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his
or  her  own  expense,  to  rebut  the  results  of  the  initial  screening test.  The employer shall accept and give appropriate consideration to the results of such a screening test.

Section 3: Exceptions

The provisions of this section do not apply:

(a) To the extent that they are inconsistent or otherwise in conflict with the provisions of an   employment contract or collective bargaining agreement.

(b) To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law.

Section 4: Definition of "screening test"

1. As used in this section, “screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

Section 5: Enactment

1. This act becomes effective on January 1, 2020.