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File #: 200625    Version: Name:
Type: Bill Status: ENACTED
File created: 11/12/2020 In control: Committee on Labor and Civil Service
On agenda: Final action: 4/22/2021
Title: Amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a new Chapter 9-4700, to prohibit employers from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment, under certain terms and conditions.
Sponsors: Councilmember Green, Councilmember Jones
Indexes: Marijuana Testing
Attachments: 1. CertifiedCopy20062501.pdf
Title
Amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a new Chapter 9-4700, to prohibit employers from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment, under certain terms and conditions.

Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 9 of The Philadelphia Code is amended to read as follows:

TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
* * *
CHAPTER 9-4700. PROHIBITION ON TESTING FOR MARIJUANA AS A CONDITION FOR EMPLOYMENT

? 9-4701. Definitions.

(1) "Marijuana" or "Marihuana" means all forms or varieties of the genus Cannabis, the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

? 9-4702. Prohibition on pre-employment testing.

(1) Except as otherwise provided by law, or as excepted in subsections (2) or (3) hereof, it shall be an unlawful employment practice for an employer, labor organization, employment agency or agent thereof to require a prospective employee to submit to testing for the presence of marijuana in such prospective employee's system as a condition of employment.

(2) Exceptions. The prohibition of this Section 9-4702(1) shall not apply to persons applying to work in the following jobs or professions:

(a) Police officer or other law enforcement positions;

(b) Any position requiring a commercial driver's license;

(c) Any position requiring the supervision or care of children, medical patients, disabled or other vulnerable individuals;

(d) Any position in which the employee could significantly impact the health or safety of other employees or members of the public, as determined by the enforcement agency and set forth in regulations pursuant to this Chapter.

(3) The prohibition ...

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