Answer

Is it required that drivers have Spotted Lanternfly permits for trash trucks that do not leave the quarantine area in Philadelphia, PA?

According to the Pennsylvania Department of Agriculture, permits are required for all businesses and organizations who will be moving within or from the quarantine zone while working. More details and examples can be found on the Department of Agriculture's Spotted Lanternfly Information Page.

Employers are advised to have a clear and concise written drug testing policy and to abide by state laws to avoid litigation. Employers may still test for and/or discipline an employee for marijuana under certain circumstances (e.g., post-accident). Oklahoma medical marijuana SQ 788 does not permit an employer to discipline or terminate a cardholding medical marijuana employee based solely on the presence of marijuana in a drug test. Regardless of a cardholder status, employers are not permitted to bring marijuana to their place of work or be under the influence during their hours of work. If an employee's job is covered by federal guidelines, then they must abide by the federal regulations in order for the company to remain in compliance with federal guidelines, regardless of state laws. Medical marijuana is not a medical exception under the U.S. DOT drug testing regulations, and federally mandated employers are expected to follow federal guidelines.

According to the Department of Transportation (DOT), the Pipeline and Hazardous Materials Safety Administration (PHMSA) 49 CFR Part 199 defines a covered employee as the following:   “Covered employee: A person who performs work on a pipeline or liquefied natural gas (LNG) facility an operation, maintenance, or emergency-response function.”   The official DOT document has been attached below for further review. Anything specific or additional requirements beyond this would need to be confirmed by the company operating the pipeline you’re performing work on.

According to the Pennsylvania Department of Agriculture, a citation matrix is in the making. The Pennsylvania SLF Quarantine Order states the following for those who are not in compliance with the required permit:

Criminal citation up to $300 per violation.

Civil penalty up to $20,000 per violation.

Revocation of permit or compliance agreement if PDA determines the holder has not complied.

For more information, you can view the Quarantine Order