New York Employee Drug Testing Memo
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How to fill out Employee Drug Testing Memo?
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FAQ
No, unless the employer is permitted to do so pursuant to the provisions of Labor Law Section 201-D(4-a).
Key Points: New York employers are now prohibited from drug screening most workers and applicants for cannabis use. Employers can still ban use of cannabis during work hours. Exceptions for safety-sensitive positions or as required by law.
If you have not signed up to a drug testing policy you can refuse to be tested and your employer is not allowed to take any action against you. However, you should be aware that refusal may make your employer suspicious of your reasons for saying no.
Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.
Key Points: New York employers are now prohibited from drug screening most workers and applicants for cannabis use. Employers can still ban use of cannabis during work hours. Exceptions for safety-sensitive positions or as required by law.
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
New York employers are not allowed to drug test their employees for cannabis except under limited circumstances, based on new guidance this month from the state Department of Labor. The state is currently laying the groundwork for the legal sale of marijuana after legalizing its recreational use in the spring.
Can an employer drug test an employee if federal law allows for drug testing? No, an employer cannot test an employee for cannabis merely because it is allowed or not prohibited under federal law.
There are no specific employment laws that govern workplace drug testing, however, the Health and Safety at Work Act 2015, the Privacy Act 1993, and the Human Rights Act 1993 include requirements that should be considered by employers, donors and testing agencies with respect to drug testing.
Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.
