Bill to ban testing Pittsburgh workers with medical marijuana cards now excludes labor unions

A proposal to bar Pittsburgh employers from conducting cannabis testing on workers or prospective employees who hold medical marijuana cards will exclude labor unions.

The amendment was pushed through without the support of the bill’s sponsor, City Councilwoman Barb Warwick, D-Greenfield.

Warwick in July proposed a measure that would ban employers from cannabis testing for people with medical marijuana cards, though there are several exemptions built into the bill.

Employers could still test anyone — including medical card holders — after an accident or if they believe someone to be using cannabis while working. Jobs that require employees to carry a gun are exempt, along with jobs where federal or state agencies require marijuana testing.

Despite objections from Warwick, council members on Wednesday voted to add an exemption for workers under a collective bargaining agreement that addresses pre-employment drug testing.

Councilman Anthony Coghill, D-Beechview, who penned the amendment, said he was working to address concerns raised from various trade unions that the measure could make their workplaces less safe.

“When you start talking about the building trades, what they pride themselves in is safety,” Coghill said. “This flies in the face of that.”

His amendment to exclude jobs covered by collective bargaining agreements was supported by all council members, except Warwick.

Brandon Mendoza, director of public and government affairs for the Master Builders’ Association of Western Pennsylvania, said jobs covered by the association can be dangerous and rely on split-second decision making, attention to detail and coordination.

“When it comes to a safety-sensitive industry like the construction industry, safety is first, and testing protocols are in place to ensure a safe workplace,” he said.

The legislation does not require any employer to permit workers to use marijuana on the job.

Employers who believe someone is using cannabis while working could still test for cause.

Warwick denounced efforts to completely cut out union workers.

“The reality is, at least in Pittsburgh, there is one major industry that consistently refuses to recognize the legal right of Pennsylvanians to use medical marijuana to treat a serious medical condition,” she said. “That is the construction industry.”

Warwick’s legislation would allow workers who think their employers are discriminating against them based on their status as medical marijuana card holders to file complaints with the city’s Commission on Human Relations. Workers, however, who are covered by a union contract that allows for drug testing would not have that recourse.

The bill would make medical marijuana card holders a protected class in the city, meaning they could not be discriminated against for using cannabis.

According to the Pennsylvania Department of Health, there were more than 441,000 certified medical marijuana patients in the commonwealth in May.

Council members unanimously supported the legislation in a preliminary vote Wednesday. A final vote is scheduled for next week.