New York City says no pre-employment drug testing for marijuana with some exceptions. However, New York State does not have a drug testing statute. There are also a handful of other laws and regulations that indirectly impact drug testing.
Information provided by Joe Reilly, President, National Drug Screening, Inc.
Workers Comp Discount
Code Rule 60 is a voluntary program that permits employers to put certain safety-related programs in place that qualify them for workers’ compensation credits. This is a complex program with three parts – safety programs, return to work programs and drug/alcohol preventions. Larger employers with high workers’ comp premiums might want to investigate this program. Maximum credits are available at 10% the first year and 6% thereafter How to Apply for an Incentive Credit under Code Rule 60
Workers’ Compensation Claim Denial
Although an injury is not compensable when intoxication on duty is the sole or primary cause of the injury, note that unless there is substantial evidence to the contrary, it will be assumed that an injury is not caused solely or primarily by the effects of drugs.
Medical Marijuana Law
Prohibits employer from refusing to hire or otherwise penalize an individual solely for that person’s status as a certified medical marijuana patient. Employers may enforce policy of prohibiting employee from performing employment duties while impaired by controlled substance. Employers with four or more employees must provide reasonable accommodations to medical marijuana users unless such action that would cause a violation of federal law or the loss of a federal contract or funding. Recommendation is to carefully consider any adverse action on an employee testing positive for marijuana.
There are no broad laws legalizing marijuana. See our page on Marijuana Considerations- New York.
New York City Law
Effective Sunday, May 10, 2020 employers were no longer able to require pre-employment drug testing for marijuana as a part of the hiring process. There are exemptions for safety-sensitive positions and does not apply to DOT testing.
Instant or POCT Testing in New York
On-site testing facilities are subject to regulation under the state’s clinical laboratory licensing law per the NYS Department of Health. Neither LabCorp nor Quest Diagnostics perform instant drug testing at their drug testing centers in New York State. Without proper lab licensing at a collection facility, instant testing would not be recommended as there could be potential problems with NYS Department of Health. Research is advised as some competitors might ignore the possibility issues with NYS Department of Health.