Drug Testing in New York

When you need fast drug and alcohol testing in New York, call National Drug Screening at 866-843-4545.

Latest Update: There are a few exceptions but for the most part New York employers are prohibited from testing employees and applicants for marijuana.  The use of marijuana while on duty is still prohibited.  

For immediate drug screening or drug testing in New York, one phone call can assist you to get a drug test arranged today. If you need a drug test for school, workplace, sports, probation, or other court-ordered programs, then call us today for immediate service.

National Drug Screenings offers immediate drug testing for individuals at our drug testing centers in New York City, Albany, Buffalo, Rochester, Syracuse, Brooklyn, Sleepy Hollow, Niagara Falls, Yonkers, Ithaca, Schenectady, Boston, Binghamton, Poughkeepsie, White Plains, Amityville, Saratoga Springs, Lake Placid, Utica, Newburgh, Tarrytown, New Rochelle, Town of Hempstead, Coney Island, Troy, Plattsburgh, Scarsdale, Huntington, Watertown, Middletown, Cooperstown, Kingston, Elmira, Hudson, Rhinebeck, Canandaigua, Sandy Hook, Oneonta, Beacon, Love Canal, Long Beach, Amherst, Warwick, Cold Spring, Long Island City, Woodstock, Nyack, and Levittown. For a drug screen or drug testing for personal use that is secure and confidential then call 866-843-4545 for drug testing at our National Drug Screening centers. Our drug testing centers are open daily.

Drug testing in New York is legal and a comprehensive drug and alcohol prevention program can result in a discount on workers’ compensation insurance premiums.

Although many states have passed laws regulating or restricting an employer’s right to require drug testing, New York is not one of them. The state of New York has no law addressing drug testing in private employment. This means that drug testing is not prohibited or restricted unless it violates other legal provisions (such as a law prohibiting discrimination). There is a rule, code 60 that when followed a comprehensive drug-free workplace program implemented in New York will qualify an employer for a worker’s compensation insurance discount.

Using a pre-employment drug test in New York to screen potential employees for drugs helps determine on-the-job stability. Employers want to lessen the impact of drug abuse in the workplace, which could include tardiness, absenteeism, turnover, attitude problems, theft, decreased productivity, crime, and workplace violence. It is estimated that drug abuse in the workplace costs employers $75 to $100 billion dollars annually in lost time, turnover, productivity, accidents, health care, and workers’ compensation costs.

Laboratories performing drug testing for New York employers must be licensed, and there are strict guidelines. There are certain minimum qualifications for persons who are “responsible for the administration of the technical and scientific operation of a clinical laboratory . . . .” Also, the clinical laboratory must have a valid permit, from the New York State Department of Health, to operate and accept specimens. The laboratory technologists must successfully complete all the required proficiency examinations for forensic toxicology comprehensive/initial testing only (drug testing) laboratories. Additionally, the laboratory technologist must have a bachelor’s degree in medical technology from an accredited university. On-site testing facilities are subject to regulation under the state’s clinical laboratory licensing law per the Dept. of Health. Drug testing results must be reported to an MRO before they can be released to the employer.

Why random drug testing?

Trust and verify. Random testing is performed on an unannounced, unpredictable basis on employees whose identifying information (e.g., social security number or employee number) has been placed in a testing pool from which a scientifically arbitrary selection is made. This selection is computer generated to ensure that it is indeed random and that each person in the workforce population has an equal chance of being selected for testing, regardless of whether that person was recently tested or not. Because this type of testing has no advance notice, it serves as a deterrent. Random testing helps to identify employees that have a drug problem and can cause your company harm. Random testing helps deter drug use and helps to prevent employees from starting to use drugs, becoming drug abusers, and causing your company harm.

In New York State and New York City, a non-governmental employer can lawfully conduct random or suspicionless drug testing of its workers. Also, in New York, a company in the private sector lawfully may fire employees who test positive for illegal drugs or who refuse to submit to a random drug test. At least where the company has a written policy, communicated to all employees, providing that the company may randomly test employees for drugs. That refusal to submit to a random drug test may result in termination of employment, and under certain circumstances, an employee may be terminated for substance abuse.

Code Rule 60 in New York is a voluntary program that permits employers to put certain safety-related programs in place that qualify them for workers’ compensation discounts.

New York state requirements for a drug-free workplace under code 60:

§60-1.14 drug and alcohol prevention program.
(a) A drug and alcohol prevention program informs employees of the dangers, to themselves and to others, of drug and alcohol use and abuse in the workplace.

The program employs cost-effective, confidential, early intervention strategies designed to prevent alcohol and drug-related accidents on the job and help employees with drug and alcohol problems that interfere with their ability to function on the job safely and effectively.

(b) Services related to an approved drug and alcohol prevention program may be provided directly by the employer, jointly between the employer and the union that represents the employer’s employees, through the union, or through a contract with an outside provider.
(c) To qualify for an incentive, an employer’s drug and alcohol prevention program shall be documented in writing and communicated in languages and methods clearly understood by all employees.
(d) An acceptable drug and alcohol prevention program shall include, but not be limited to, the following elements:

  1. A policy statement in which the employer communicates to all levels of management and to all employees the intent and objectives of the program, including:
    • The problems which the program is designed to prevent;
    • Management’s commitment to addressing those problems and to protecting the safety, health, and well-being of all employees and individuals in the workplace;
    • Recognition that alcohol abuse and drug use pose a threat to workplace safety and health; and
    • A clear message that the use of alcohol and drugs in the workplace and impairment on the job is prohibited.
  2. A confidential procedure for the timely identification and referral to counseling and treatment of employees with drug and alcohol problems that may affect job performance;
  3. Confidentiality for all who utilize the program and for the storage and handling of employee records;
  4. Provisions for the involvement of employees in the structure and operation of the program to facilitate their commitment to achieving its goals and objectives. Such involvement shall be accomplished through the designation of one or more employee representatives and the recognized representatives of each collective bargaining unit, where applicable;
  5. An assurance that collective bargaining rights, where applicable, are not diminished by the program;
  6. Specific procedures to facilitate case monitoring and follow-up services;
  7. Written plans and procedures to ensure employee safety during emergency situations related to drug and alcohol abuse;
  8. An orientation program for new supervisors and employees that communicates the intent and specific elements of the program;
  9. A training program for supervisors and employees to develop an awareness and understanding of the problems associated with the abuse of drugs and alcohol in the workplace, the responsibilities of all affected supervisors and employees in the implementation of the program, the rights of all employees, and the procedures for return to work.
  10. An effectiveness analysis of the program and its operations;
  11. Strategies for maintenance and promotion of the program: and
  12. Designation of contact at the employer for employees to use when seeking assistance under the employer’s drug and alcohol prevention program.
    • The final, approved drug and alcohol prevention program plan shall be provided to the designated employee representative(s) in each workplace location or to the recognized representative of each collective bargaining unit, where applicable, and shall be made available to all employees upon request.

In June 2014 New York has become the 23rd state to legalize marijuana. Governor Cuomo banned the smoking of drugs early on in the negotiations; saying that promoting smoking is wrong. The bill called the Compassionate Care Act will legalize the use of certain forms of marijuana by critically ill patients. The legislation does not allow for the plant form of the drug to be sold or smoked. The drug is permitted to be administered using a vaporizer or in an oil base. “Medical marijuana has the capacity to do a lot of good for a lot of people who are in pain, who are suffering, and are in desperate need of a treatment that can provide relief,” New York Governor Cuomo said to lawmakers at a news conference.

How long does it take to receive the drug screen?

Most results are available the next business day during the business week. Some results take longer to process. The medical review officer will contact the donor directly if there are any questions. For a hair drug test, the results will take approximately 4 – 5 business days.

Is immediate drug testing available?

Yes, drug testing centers are open daily and provide drug and alcohol testing for individuals. Drug testing is available for court-ordered programs, probation, legal cases, divorce, child custody, and required testing for colleges and universities. Your drug test can be scheduled today with one easy phone call. Drug testing locations are available and convenient to where you live and work. An easy process – it is confidential and secure.

Drug testing in New York for employers call now: 866-843-4545
Drug testing in New York for individuals for immediate testing, call now: 866-843-4545

Marijuana Laws for New York

Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.

Drug Testing Laws for New York

No two states have same the same drug testing State Laws – Check out state laws for Drug Testing.

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