The New York City Council passed legislation last year that will prohibit employers from conducting pre-employment drug testing for marijuana in New York City for positions that are not deemed “safety-sensitive” or “at-risk” by the employer.
This new law will take effect Sunday, May 10, 2020.
Action May Be Required
If operating within New York City, please remove marijuana from pre-employment testing panels used to test job candidates for positions not deemed “safety-sensitive” or “at-risk.” If you have any questions or need additional guidance, please connect with your Sterling Client Success Representative.
About the Legislation
Examples of safety-sensitive and at-risk positions that can be exempted include:
- Police officers or peace officers, or other jobs with law enforcement or investigative functions at the department of investigation;
- Positions requiring compliance with Section 3321 of the New York City Building Code or Section 220-h of the Labor Law (pertaining to certain types of construction and maintenance jobs);
- Any position requiring a commercial driver’s license;
- Any position requiring the supervision or care of children, medical patients or vulnerable persons as defined in Social Services Law Section 488(15) (certain individuals with physical and cognitive disabilities);
- Any position with the potential to significantly impact the health or safety of employees or members of the public, as determined by (i) the commissioner of citywide administrative services for the classified service of the city of New York, and identified on the website of the department of citywide administrative services or (ii) the chairperson, and identified in regulations promulgated by the commission.
There are additional exclusions. The law specifically does not apply drug testing required by:
- Department of Transportation (DOT) regulations that require pre-employment drug testing, as well as any state or city regulations that adopt the DOT rules;
- Any contract entered into between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing of prospective employees as a condition of receiving the contract or grant;
- Any federal or state statute, regulation, or order that requires drug testing of prospective employees for purposes of safety or security; or
- Any applicants whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of such applicants.
Clarity, transparency, and reliability are essential for drug testing. Please do not hesitate to contact your Sterling Client Success representative with any questions or comments. Thank you for your continued trust in Sterling.