New York Drug Testing Laws and Regulations

State:	New York

Statute of Order:	Currently Not Available

Covered Employers:	Currently Not Available

Applicant Testing:	Currently Not Available

Employee Testing:	Currently Not Available

Conditions & Methods:	Currently Not Available

Important Bulletpoints:	While the general provisions of the law on Labor penalizes employers who require applicants and employees to pay for the costs of any medical examination required by the employer as a condition for employment, there exists a categorical statement in the New York City Administrative Code that drug tests are not to be considered as a type of medical test. Alcoholism and drug abuse are considered diseases as far as New York jurisprudence is concerned. The current illegal use of drugs by employees is outlawed and is a basis for termination. However, persons who have recovered or are recovering from alcoholic or drug addiction are protected by the law and must be allowed reasonable accommodation which may include adjustments to work schedule to allow ongoing treatment. Employers who know of an employee’s current illegal use of drugs are encouraged to offer a leave of absence to the employee with a required attendance at a rehabilitation program and a last chance agreement upon return. If the employee refuses the offer, disciplinary action or termination is authorized. Drug testing of school system drivers is mandatory in New York which may include pre-employment, random, reasonable suspicion, post-accident, and return to duty drug testing. Only certified laboratories may conduct the initial and confirmatory tests and a validation by a medical review officer is required.

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New York Drug Testing Laws and Regulations

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