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New York - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in New York

Instant or POCT Testing

Restricted

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.

Drug Panels

No restrictions

Laboratory

Licensing requirements

SAMHSA certified laboratories highly recommended.

Medical Review Officer (MRO)

Required

Drug testing results must be reported to an MRO before they can be released to the employer.

Random Testing, Reasonable Suspicion Testing

No Restrictions

Post-Accident Testing

No restrictions

Follow a “reasonable basis” for requiring a post-accident drug test.

Oral Fluid Testing and Hair Testing

No restrictions

Laboratories must be licensed.

Unemployment Denial

Yes, address in company policy

State in your drug free workplace policy that a refusal to test or a positive test is misconduct. Terminate employment for misconduct.

Workers Comp Discount

Yes, discount available

Drug and Alcohol Prevention Program requirements for Code Rule 60. Separate credits are provided for safety, return or work, and drug and alcohol prevention. Maximum credits of 10% the first year and 6% thereafter

Intoxication Defense

Yes, denial of claim available

Provisions for Workers' Compensation Denial - Workers' Compensation Law §10 and §21

Medical Marijuana

Yes

Medical Marijuana Law (AB 6357) prohibits smoking marijuana. Employers may enforce policy of prohibiting employee from performing employment duties while impaired by controlled substance

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

None, however 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.