New York Drug Testing Laws Compliance
In March 2021, the state of New York passed the Marijuana Regulation and Taxation Act. The act legalized the recreational use of marijuana for individuals 21 years and over, and updated workplace drug testing laws in New York. Under new drug testing compliance laws, a New York employer is now prohibited from making any hiring decisions based on a positive marijuana drug test.
Bear in mind, there are specific drug testing compliance exceptions for employers hiring for certain safety-sensitive positions or fields of work. Under New York drug testing legislation, employers in sectors like the U.S. Department of Transportation and New York law enforcement are still allowed to test for marijuana for pre-employment purposes.
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New York Drug Testing Compliance
New York Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Specimens Tested | In the state of New York, there are no drug testing compliance laws that prevent employers from using any sort of specimen for purposes of drug and alcohol testing. |
| Workers Comp | There are no workplace drug testing laws in New York under the State Workers' Compensation Board that prevent employers from conducting a drug test for purposes of workers' compensation following an accident in the workplace. |
Conditional New York Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing | On-site testing facilities located in the state of New York are subject to regulations under the New York Department of Health and the Division of Laboratory Quality. |
| Random Testing | Under New York drug testing compliance laws, there are currently no laws prohibiting employers from conducting random New York drug tests, unless it pertains specifically to marijuana testing. |
| Substances Screened | Under New York drug testing compliance laws established by the Marijuana Regulation and Taxation Act, employers are prohibited from testing for marijuana. There are drug testing compliance exceptions for safety-sensitive positions for sectors including the NYSDOT and NYPD. |
| Testing for Alcohol | Being that alcohol is not illegal, New York employers must have a legitimate reason pertaining to workplace concerns to conduct alcohol testing. However, an employer can conduct alcohol testing as a condition of work return following the completion of a substance rehabilitation program requested by the employer. |
New York Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana | New York employment drug screening laws prohibit employers from conducting a marijuana drug test or using positive marijuana test results for means of employment or job discharge. Employee drug testing law exceptions are in place for safety-sensitive positions such as NYSDOT and NYPD, so it's recommended New York employers review ordinances under their specific sector. |
| Medical Marijuana | Under Senate Bill S854A Marijuana Regulation and Taxation Act, both the adult medical and recreational use of marijuana is legal in the state of New York. Employment drug screening laws in New York prohibit employers from testing for marijuana or using positive marijuana test results for means of employment or job discharge. For safety-sensitive positions, there are exceptions to these laws. |
| Laboratories | In the state of New York, drug testing laboratories are required to follow clinical laboratory permit regulations established by the New York Department of Health. |
Other Services We Provide in New York
If you're looking for drug testing information related to a specific city in the state of New York, try taking a look at our New York clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer New York Background Checks. For more information, visit our New York background check page.
This Information Is Not Intended for Legal Purposes
These charts are provided for employers' information only, and should not be used for legal advice. Since local and state employment drug testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company's substance abuse screening program. Consult them about the specific laws for your location and industry.