New york state drug testing laws 2019?

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Elinor Hill asked a question: New york state drug testing laws 2019?
Asked By: Elinor Hill
Date created: Wed, Jan 6, 2021 10:49 AM
Date updated: Fri, Dec 9, 2022 12:44 AM

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Video answer: New york city bans pre-emloyment drug testing & new york state denies bittrex a mt license

New york city bans pre-emloyment drug testing & new york state denies bittrex a mt license

Top best answers to the question «New york state drug testing laws 2019»

On April 9, 2019, the Common Council of the City of New York passed a local law that prohibits employers from conducting pre-employment drug testing for marijuana. The law was returned unsigned by the mayor on May 9, 2019 and, therefore, became law on that date. The law is scheduled to go into effect on May 9, 2020.

Video answer: Drug testing laws for the workplace state-by-state

Drug testing laws for the workplace state-by-state

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New York City has proposed a law to prohibit employers from conducting pre-employment drug testing for THC (marijuana). The law goes into effect May 9.2020. There are exemptions including DOT testing and safety sensitive positions.

On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. Mayor Bill de Blasio is expected to sign the bill into law, which would take effect one year after enactment. 1 Significantly, the law would not prohibit employer drug-testing programs that test existing employees for marijuana.

A Q&A guide to drug testing law for private employers in New York. This Q&A addresses employers' rights and restrictions when conducting workplace drug and alcohol testing of job applicants and current employees, as well as testing based on suspicion of intoxication or randomized testing. Federal, local, or municipal law may impose additional or different requirements. Answers to questions can be compared across a number of jurisdictions (see Drug Testing Laws: State Q&A Tool).

Most employers in New York City would no longer be able to force job applicants to take drug tests for marijuana use, under a bill overwhelmingly approved this week by the City Council. If the...

notwithstanding any other provision of law, every county and the city of new york, may adopt a local law requiring individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime and who are required to submit to drug testing, to pay the local probation department with the responsibility of super- vising the probationer an administrative fee determined by the local probation department.

New York employers should review their drug and alcohol testing policies to decide whether they will continue to test for marijuana and, if so, under what circumstances. Supervisors should be trained to make reasonable suspicion determinations so that disciplinary actions based on positive marijuana reasonable suspicion tests will be defensible.

While the Act does not prohibit drug testing for cannabis, employers cannot reject an applicant based solely on the positive cannabis test results. While New York City employers have been banned from conducting pre-employment drug testing for cannabis since May 10, 2020, employers in the rest of the State may now decide to stop testing applicants for cannabis use altogether (unless a federal regulation or contract/grant states otherwise, as described below).

“We continue to do pre-employment drug testing for a limited number of positions that have a safety risk.” There is also federal law to contend with.

Employers should continue to post-incident drug testing pursuant to a state or federal law, including DOT testing and Workers’ Compensation Drug Free Workplace policies, because OSHA section 1904.35 (b) (1) (iv) does not apply to drug testing under state workers’ compensation law or other state or federal law.

Although New York drug possession laws divide controlled-substance and marijuana-related offenses into two separate groups, the elements of the offenses are essentially the same. In order to obtain a conviction for possession of a controlled substance or marijuana, prosecutors must prove, beyond a reasonable doubt, that: The substance was a ...

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