Drug Testing Issue | Status | Comments | 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 | Restrictions | Cannot test for marijuana with limited exceptions including DOT testing as an exception. |
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 | Yes | Effective March 31, 2021 - Revise drug free workplace policies, use caution when terminating for a positive marijuana drug test. |
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. |