New York Drug Testing Laws and Regulations

There are many New York employers who demand drug testing for their employees and applicants. Under the Federal and state drug-free work place program, this demand or requirement is legal. A New York drug test is also a requisite in athletic departments to ensure that athletes are not under-abusing the use of steroids and other performance-enhancing drugs.

Drug testing in New York for those working as drivers in the school system and public transportation is required each year to keep their license valid. Mandatory New York drug testing may be conducted before employment, as routine procedure, at random, based on reasonable suspicion, post accident, post treatment or rehabilitation and upon return to work/duty drug testing. Radom New York drug testing should be unannounced and non-routine testing applied indiscriminately to some and not every employees in the work place.

Note that even if there are no explicit New York drug testing laws, alcohol testing and random drug testing of those working as law enforcers and correction officers are mandatory.

Though employers are required to pay for their employee’s medical tests, drug testing in New York is not considered a medical test. However, this does not mean that drug abuse (and/or dependency) and alcoholism are not considered as diseases in the state of New York. Drug abuse by employees is illegal and could be a strong basis for termination. Drug abuse in the workplace could results to employees’ absenteeism, tardiness, poor work performance, theft and crime in the workplace and more. A survey indicated that drug abuse in the workplace cost the business community from $75 to $100 billion dollars annually in accidents, lost time, and workers ’ compensation and health care.

Though the use of illegal drugs is outlawed in New York, employees who are recovering addicts or alcoholics are basically protected by the law, requiring employers to accommodate such employees in aspects such as adjusting the particular employee’s work schedule to facilitate his current treatment. However, an employer has the right to terminate an employee if he refuses to undergo a drug rehabilitation program.

New York drug testing must be done by a refutable drug testing laboratory. Drug testing in New York could involve blood tests, urine tests, hair and saliva tests, breath analyzers and sweat patches. An employee who tested positive for a drug test could request for a retest from a laboratory of his choice. New York courts deem it unconstitutional and discriminatory to reject a potential employee based solely on a positive drug test. The employer must be able to demonstrate that the potential employee’s substance abuse will prevent him from doing his job. Note that the use of controlled drugs legally prescribed by a medical doctor is not considered “illegal”.

• The employer should have a written policy posted and distributed to and acknowledged/signed by all employees
• The employer should provide a 60-day notice to all employees before any drug testing is implemented
• The employer should ensure prompt and confidential test results
• Make provision for employees to refute positive results