AN ACT

 

1Amending the act of December 5, 1936 (2nd Sp.Sess., 1937
2P.L.2897, No.1), entitled "An act establishing a system of
3unemployment compensation to be administered by the
4Department of Labor and Industry and its existing and newly
5created agencies with personnel (with certain exceptions)
6selected on a civil service basis; requiring employers to
7keep records and make reports, and certain employers to pay
8contributions based on payrolls to provide moneys for the
9payment of compensation to certain unemployed persons;
10providing procedure and administrative details for the
11determination, payment and collection of such contributions
12and the payment of such compensation; providing for
13cooperation with the Federal Government and its agencies;
14creating certain special funds in the custody of the State
15Treasurer; and prescribing penalties," in compensation,
16providing for effect on eligibility of failure of
17preemployment drug screening test.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. The act of December 5, 1936 (2nd Sp.Sess., 1937
21P.L.2897, No.1), known as the Unemployment Compensation Law, is
22amended by adding a section to read:

23Section 402.7.  Effect on Eligibility of Failure of
24Preemployment Drug Screening Test.--(a) An employe receiving
25unemployment compensation benefits who fails a preemployment

1drug screening test conducted pursuant to an employer's
2established substance abuse policy, provided that the drug test
3is not requested or implemented in violation of the law or of a
4collective bargaining agreement, shall receive a twenty-five per
5centum (25%) reduction in unemployment compensation benefits for
6every preemployment drug screening test failure.

7(b) An employer shall report any individual who fails a
8preemployment drug screening test within three business days to
9the department.

10(c) The department shall establish and maintain an Internet-
11based database system for use by employers in order to carry out
12the provisions of this section.

13(d) The department shall promulgate regulations, subject to
14the act of June 25, 1982 (P.L.633, No.181), known as the
15"Regulatory Review Act," to implement this section.

16Section 2. This act shall take effect in 60 days.