Workplace Drug Testing Issues – New York State Laws
These categories do no effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
2021 Update – Recreational marijuana is now legal. With limited exceptions, New York State employers cannot test for marijuana. This does not affect DOT drug testing. (see article published by Jackson Lewis P.C. – New York Department of Labor Publishes Guidance Addressing Recreational Marijuana In The Workplace; Most Drug Testing For Marijuana Is Prohibited)
New York City has a law to prohibit employers from conducting pre-employment drug testing for THC (marijuana). There are exemptions including DOT testing and safety sensitive positions.
2020 Update – Regardless of CDL license status – for hire drivers of transporting 10 or more people at a time to submit to mandatory pre-employment drug testing. This testing should comply with DOT regulations 49 CFR Part 40.