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New York Drug Testing Compliance

Capital Albany Population 19,745,289
Largest city New York City
Area 54,555 sq mi
Criminal rate 38 crimes /10,000 people Time Zone UTC −5/−4

New York Employee Background Check Laws

New York

Legal status for workplace drug screening and alcohol testing

Our intent is to make New York drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in New York.

New York is a “Open” state, which means there are no state statutes, regulations or known court decisions that would limit your choices for implementing a drug or alcohol testing program or any aspect of it. Testing is your choice, but there may be federal rules to consider.

This overview is to introduce you to the nature and history of New York workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements for employers in regard to drug screening policies in New York.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: State law does not restrict when employers can test. The Company’s General Substance Abuse Testing policy will apply.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: All tests will be conducted by medical facility or laboratory licensed or certified to perform such tests.
Q7: What types of specimens can we test for?
A: No restrictions
Q8: Are there restrictions for Alcohol Testing?
A: The same qualifications apply as they do for drug testing.

Did you know?

Q1. Can an employer in New York discipline a medical marijuana patient who tests positive for marijuana?

Correct!

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 advisors 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.

 Answer is “Yes”

New York Drug & Alcohol Testing Laws

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.

State law does not restrict whom employers can test. Therefore the Company’s General Substance Abuse Testing policy will apply. State law does not limit or require testing for certain substances. The Company will test for alcohol and illegal drugs as specified in the Company’s General Substance Abuse Testing policy. 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.

Effective May 2020, city employers are prohibited from making any negative hiring decisions based solely on a pre-employment drug screening test that shows positive for THC. There are some job positions that are excluded from the new law which include: Safety sensitive positions, Federal and State contractors and/or agents.

ABBREVIATIONS
  • 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)

Update: July 2019

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

New York Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

New York personal and medical use of marijuana.

Medical Use:  On July 5, 2014, Governor Cuomo signed into law the New York Compassionate Care Act . 3369. Protections for the medical use of marijuana.  Certified patients, designated caregivers, practitioners, registered organizations, and the employees of registered organizations shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for the certified medical use or manufacture of marijuana, or for any other action or conduct in accordance with this title.

On June 18, 2018, a bill was passed where doctors can now be able to prescribe medical marijuana as an alternative to painkillers and addiction treatment medicines along with other medical conditions.

Non-discrimination. Being a certified patient shall be deemed to be having a "disability" under article fifteen of the executive law (human rights law), section forty c of the civil rights law, sections 240.00, 485.00, and 485.05 of the penal law, and section 200.50 of the criminal procedure law. This subdivision shall not bar the enforcement of a policy prohibiting an employee from performing his or her employment duties while impaired by a controlled substance. This subdivision shall not require any person or entity to do any act that would put the person or entity in violation of federal law or cause it to lose a federal contract or funding.

Personal Use: Previous attempts to legislate personal use of marijuana in this state have failed. However, there continue to be legislative efforts, so the existence of such a provision may change in the near future.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Update: July 3, 2018

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

Update: November 2017

TO PAGETOP