Employee Drug Testing New York

October 24, 2021 Post a Comment

14 rows New York City has proposed a law to prohibit employers from conducting pre-employment drug. There are several exceptions discussed further below where testing job applicants for marijuana or THC for specific kinds of jobs is still permitted.

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Some states have comprehensive drug-testing laws that regulate or prohibit testing in the private or public sector but New York does not have such a law.

Employee drug testing new york. Of note New York City barred employers. PRE-EMPLOYMENT TESTING FOR TETRAHYDROCANNABINOLS OR MARIJUANA LOCAL LAW 91 OF 2019. Although many states have passed laws regulating or restricting an employers right to require drug testing New York is not one of them.

Beyond any bargaining obligations constitutional restrictions may apply to public employee drug testing. Unions represent most public sector ie government employees in New York. Effective May 10 2020 it is considered an unlawful discriminatory practice in New York City for an employer labor organization or employment agency to require a job applicant to submit to a marijuana test as a condition of employment.

New York employers are therefore free to implement testing policies at their own discretion. The Commissions statement provided. Drug Testing Public Employees.

Within a continually changing landscape it remains important to remain current on various laws and their impacts. The New York City Commission on Human Rights issued a written reminder on May 8 2020 that the law prohibiting pre-employment marijuana testing is effective on May 10 2020. Marijuana Testing in Employment As of May 10 2020 covered employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols THC as a condition of employment.

And like private companies most governmental employers in New York must negotiate with their employees unions over drug testing. There are details on implementing a drug-testing program. In addition the Commission stated that it is finalizing rules that will expand the list of exceptions to the law.

Most employers in New York City would no longer be able to force job applicants to take drug tests for marijuana use under a bill overwhelmingly approved this week by the City Council. These approved collection sites can perform both DOT physical exams as well as collect urine for drug tests. As previously discussed New York City was the first municipality to ban employers from requiring prospective employees to undergo a drug test to detect for the presence of THC the active ingredient in marijuana as a condition of employment with several exceptions related to public safety and security.

The law has exemptions including certain safety-sensitive positions and any jobs with mandatory testing under federal laws. No New York Drug Testing Laws. By way of background on April 9 2019 the New York City Council passed by a 41-4 vote a bill Intro.

The state of New York has no law addressing drug testing in private employment. Individuals needing DOT drug screening can visit any of Mobile Healths New York clinics located in Manhattan Bronx Brooklyn Queens Staten Island and in Hempstead Long Island. DOT 5-Panel Urine Drug Test.

Employers in New York City are still permitted to administer a post-hire drug test that includes marijuana to current employees including random for cause and post-accident testing. While the MRTA does not prohibit. Check with your counsel to ensure compliance.

Mobile Health is an occupational health provider with workplace drug screening services. Federal Drug Testing Laws Job applicants or employees in positions such as airline pilots bus drivers railroad employees taxi drivers and truck drivers are regulated by the Department of Transportation and must comply with federal laws which require applicants to take and pass a pre-employment urine test. Test urine hair or blood at NYC and Long Island medical centers.

On March 31 2021 Governor Cuomo signed into law Senate Bill 854-A the Marijuana Regulation and Taxation Act The Act legalizing the recreational use of marijuana in New York State. Similarly employers may want to rethink pre-employment testing for marijuana since a lawful recreational user cannot be barred from employment. This means that drug testing is not prohibited or restricted unless it violates other legal provisions such as a law prohibiting discrimination.

While regulations will take years to develop around the growth and sale of marijuana The Act is expected to immediately impact drug testing in similar. As we previously reported beginning May 10 New York City prohibited employers from testing prospective employees for the presence of tetrahydrocannabinol THC the active ingredient in marijuana. New Subdivision 31 of Section 8-107 of the Administrative Code of the City of New York the New York City Human Rights Law added by Local Law 91 of 2019 prohibits employers including City agencies from requiring a prospective employee to submit to testing for the presence of any tetrahydrocannabinols THC or marijuana in such prospective employees.

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