New York residents need not fear losing their jobs due to recreational marijuana use anymore. The New York Department of Labor confirmed that employers are now prohibited from testing their employees for the presence of cannabis, reported Marijuana Moment.
While employers are still allowed to penalize workers for being impaired on the job, the threshold to proving impairment has been significantly raised – the odor of weed is now not sufficient evidence on its own. Also, under the New York Department of Labor’s new guidance, a positive drug test for cannabis also does not make for an “articulable symptom of impairment.”
The First State To Make “Seismic” Policy Change
New York became “the first state to essentially prohibit cannabis testing in all but narrowly defined situations,” according to Quest Diagnostics, which offers employment drug testing services.
Faye Caldwell, an attorney and advisor who specializes in drug testing laws, said this move presents a “seismic” policy change.
“This is the first state in the nation to ever enter this,” she said. “In most other states, there may be no ability to take action in many circumstances, but there was no prohibition on testing,” wrote the outlet. “So this will make some massive changes for employers who have employees in the state of New York and have drug testing policies.” [Read more at Benzinga]
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