Answer

What is the fine/penalty structure for non-compliance to the lanternfly permits?

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

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.

The FMCSA established the Clearinghouse rule to require mandatory use of the Clearinghouse for employers to report and collect information about a driver’s drug and alcohol history and violations. The Clearinghouse will contain violations per the FMCSA regulations, including any positive drug or alcohol test results and test refusals. The database provides real-time access, helping employers identify drivers who aren’t legally permitted to operate a commercial motor vehicle (CMV), thus further protecting their company by filtering out employees who could pose a dangerous risk.

According to the Pennsylvania Department of Agriculture (PDA), each vehicle should carry a log to track Spotted Lanternfly inspection or control measure activities and must keep those records for two years.

The following are examples of logs that you can use:

Form Example A

Form Example B

Form Example C