New York Drug Testing Compliance

New York Drug & Alcohol Testing Laws

Effective May 10, 2020, New York City employers and employment agencies are prohibited from requiring a job applicant to complete a marijuana test as a condition of employment. There are some job positions that are excluded from the new law which include: Safety sensitive positions, Federal and State contractors, and/or agents. This requirement does not apply to law enforcement, certain construction jobs are mentioned in (Intro. No. 1445-A), safety-sensitive positions, positions requiring supervision of care of children, medical patients, and positions that impact the health or safety of employees or members of the public.

All Companies will abide by the requirements under the New York Compassionate Care Act. Section 3369 (2) of the new law provides S 3369. PROTECTIONS FOR THE MEDICAL USE OF MARIJUANA. To the extent required by law, the Company will provide reasonable accommodation to an employee who is a certified medical marijuana patient, provided the employee is capable of performing the core functions of the job and that accommodation does not create an undue hardship (e.g. safety issues). The employee will need to show that he or she can perform the core functions of the job. The Company will appropriately consider a certified patient’s specific request for accommodation and/or whether any accommodation would create an undue hardship on the Company.

August 2021, the New York Department of Labor (LOD) provided some additional information under section 201-d. It is unlawful for any employer or employment agency to refuse to hire, employ or discharge from employment or otherwise discriminate against an individual in compensation, promotion, or privileges of employment, because of an individual's legal use of consumable products, which includes cannabis in accordance with the state law. This is including to prior to beginning work or after the employee's work hours, and off of the employer's premises.

It is advisable to have a company substance abuse testing policy that is clear and completely informs employees what the rules are of your workplace. Employers must consult with their appropriate advisers to determine the impact that the New York Human Rights Law might have on their testing policies and procedures in light of New York’s medical marijuana law.

• American Association for Clinical Chemistry (AACC)
• Blood Alcohol concentration (BAC)
• Breath Alcohol Test (BAT)
• Clinical Laboratory Improvement Amendments (CLIA)
• College of American Pathologists (CAP)
• Department of Transportation (DOT)
• Employee Assistance Program (EAP)
• Food and Drug Administration (FDA)
• Forensic Urine Drug Testing (FUDT)
• Medical Review officer (MRO)
• National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
• Substance Abuse and Mental Health Administration (SAMHSA)