10 Things to Know About Workplace Drug Testing State Laws and Regulations in New York
1) State Law on Drug Testing
Per New York state law on drug testing, if an employer conducts alcohol or drug testing than the tests must be conducted according to the laws set forth by the state. This is especially true as regards the “where” of drug testing.
Drug-Free Workplace Policy
2) Types of Drugs
State law does not require that employers test for any particular drug. It is up to the employer, public or private, as to which drugs or alcohol they choose to test for. Most employers will test for illegal drugs and inhalants. Some even include prescription drugs in their tests.
3) Policy Disclosure
There is no state requirement that mandates the company drug test policy be displayed where all employees can see it.
4) Written Policy on Drug Abuse and Testing
While the state of New York has no law regarding a written drug policy there is a recommendation in place. For the purpose of unemployment and workers’ compensation it is strongly advised by the state that a written policy be put in place by the employer. The written policy should be contained in the employee handbook for easy access.
5) Drug Testing Procedures
New York does not require one type of drug test over another. It is up to the employer, public or private, to decide what type of drug testing it wishes to use. The most common is urine drug testing but blood testing and hair sampling are other common options
6) Testing Costs
Drug testing is an expensive procedure. There is no state law or ordinance that states who must pay for the drug test. As a rule it is the employer who does pay for the test.
7) Drug Testing Location
New York State law does have a say as to where drug testing is done. All employers, both public and private, must send their employees to a state-certified lab for drug testing.
8 ) Who Must Get Tested
New York law does state that there should be random drug testing for those employees involved in dangerous activities or those concerned with public safety. Otherwise there is no mandate that states any particular employee or job functions must be tested for drugs and alcohol.
9) Time for Testing
There is no state law requiring drug and alcohol testing prior to being hired or after an accident. Nor is testing required when employees are under suspicion of drug or alcohol abuse. It is up to the employer when drug testing is done. Most employers will test an employee for drugs and alcohol prior to the new hire’s first day on the job.
10) Positive Testing
The state of New York requires no mandatory action when an employee tests positive for drugs and alcohol. It is up to the employer as to what action is taken when an employee tests positive for abuse. Some employers will offer treatment programs while other might dismiss the employee. If a test is positive following an accident on the job the company could potentially file charges against the employee.
| For more information on drug testing state laws and regulations in your area please visit TestCountry.com Drug Testing Laws. |
February 5th, 2009 at 4:27 pm
I work for a postal contracter in NY state, I have to take a ramdom drug test which I have no problem with, the problem I have is that my empoyer wants me to take the test before I clock , on “my” time. is there a law conerning this? Since the employer is requesting the test, i feel that it should be on the company time.does anyone know what the law is?
May 14th, 2010 at 3:12 am
Does urine drug testing with your yearly employment physical constitute a random test under the current NYS definition of random?
June 1st, 2010 at 1:05 am
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