If you are a client of Foley`s DOT Drug and Breathalyzer Program, please note that no changes have been made to your program as a result of this new New York City guide. All of your employees will continue to participate in a DOT-regulated testing program that includes marijuana in the test panel. However, we recommend that you contact you with any questions or concerns. Register online for a drug test by clicking the “Register Now” button below. You can also call (888) 378-2499 if you have any questions about our drug testing services. The New York Department of Labor (DOL) has issued a new guideline titled “Adult Use Cannabis And The Workplace – New York Labor Law 201-D” to answer questions related to the Marijuana Regulation and Taxation Act (MRTA), stating that New York State employers cannot test most workers for drugs. The New York State Department of Labor has announced that employers will not be allowed to include marijuana in their drug testing panel for most state employees. This follows the legalization of recreational marijuana use in the state earlier this year. The MRTA amended Section 201-D of the New York Labor Code by adding Subsection 4-a to clarify that marijuana used in accordance with New York State law is a legal consumable. The DOL guidelines provide that employers can take employment action or prohibit employee behavior for marijuana use if: The state is currently preparing the ground for the legal sale of marijuana after legalizing its recreational use in the spring. Only cannabis use by adults over the age of 21 and possession of up to three ounces are currently legal in New York City. The sale and transportation of marijuana remains prohibited and will be banned until at least 2022.
New York city employers are not allowed to test their employees for drugs except in certain circumstances, based on new guidelines from the state Department of Labor this month. The most effective change here is that employers are no longer allowed to test employees for cannabis unless federal or state laws require a particular position or field to require drug testing, such as for commercial vehicle drivers. If you employ DOT-regulated drivers for your New York State-based business, the new drug testing regulations do not apply to them. You should remain enrolled in a state-regulated drug and alcohol testing program that includes marijuana on the drug testing panel. You also cannot use drug testing or the smell of cannabis as a reason to believe that an employee has used cannabis during work hours or on work properties. On March 31, 2021, New York Governor Andrew Cuomo signed the MRTA, which immediately legalized the use and possession of marijuana for adults 21 years of age or older and amended Section 201-D of New York Labor Law. The guidelines answered questions about drug testing for marijuana, including: This means that while recreational marijuana is available in the state they are in, it is illegal for them to use as a state-regulated employee. If they test positive for marijuana use, you will need to remove them from service and report the results to the DOT Clearinghouse. This driver must then complete the return-to-work process before they can use a CMV for an employer in the future. If you employ DOT-regulated drivers for your New York State-based business, the new drug testing regulations do not apply to them. Ultimately, while employers are prohibited from performing most drug testing and discriminating against workers who use cannabis outside of working hours, employers can regulate whether employees are allowed to use cannabis during working hours or on the property of the workplace.
2021 Update – Recreational marijuana is now legal. With a few exceptions, employers in New York State cannot test marijuana. This does not affect dot drug testing. (see article by Jackson Lewis P.C. – New York Department of Labor published Guidance Addressing Recreational Marijuana In The Workplace; Most drug testing for marijuana is prohibited) New York City has a law prohibiting employers from taking THC (marijuana) testing before hiring. There are exceptions, including DOT testing and security-sensitive positions. The guidelines covered the handling of drug testing, cannabis use in the workplace, and impairment of cannabis among public and private employees over the age of 21, regardless of their immigration or citizenship status. These diagrams are intended for employer information purposes only and should not be used for legal advice.
Since local and state drug testing regulations can vary, we recommend seeking advice from expert legal counsel when setting up your company`s drug testing program. Learn about laws specific to your location and industry. 2020 Update – Regardless of CDL license status – for rental drivers transporting 10 or more people at a time to undergo a mandatory drug test prior to hiring.