Since the passage of The Pennsylvania Medical Marijuana Act (MMA), a top question of employers has been—what do we do with employees who use medical marijuana and who perform safety sensitive positions? Particularly, employers are often concerned about employees who drive as an essential function of their job—for example, employees at auto dealerships, outside sales people and project managers.
Section 510 of the MMA contains what has come to be known as “safety sensitive exceptions,” allowing employers to prohibit employees from performing certain safety sensitive jobs while under the influence of medical marijuana. For example, Section 510(3) states “a patient may be prohibited by an employer from performing any task which the employer deems life-threatening, to either the employee or any employees of the employer, while under the influence of medical marijuana.” Section 510(4) further states that “a patient may be prohibited by an employer from performing any duty which could result in a public health or safety risk while under the influence of medical marijuana.”
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