The New York Department of Labor (DOL) has published guidance for employers concerning workplace policies and drug testing based on the state’s statute legalizing the adult use of marijuana which was effective March 31, 2021.
DRUG TESTING OF EMPLOYEES:
Can an employer test for cannabis? No, unless the employer is permitted to do so pursuant to the provisions of Labor Law Section 201-D(4-a) or other applicable laws.
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. (See e.g., USDOL TEIN 15-90 explaining that neither the Drug-Free Workplace Act of 1988 nor the rules adopted thereunder authorizes drug testing of employees.) However, an employer can drug test an employee if federal or state law requires drug testing or makes it a mandatory requirement of the position. (See e.g., mandatory drug testing for drivers of commercial motor vehicles in accordance with 49 CFR Part 382; see also e.g., NY Vehicle and Traffic Law Section 507-a, which requires mandatory drug testing for for-hire vehicle motor carriers in accordance with 49 CFR 382.)
1 The federal government, as an employer, is not covered by this law
For more information on State and Federal drug and alcohol testing compliance or to discuss changes you should consider to your drug testing program to maintain compliance in NY, contact us at [email protected]See All News & Events