NEW YORK TRUCKSTOP

Subscribe to Our Newsletter

The online community for the New York Metro area trucking industry. Subscribe to our newsletter.

  • Home
  • About
  • Blog
  • Resources
  • Contact Us
You are here: Home / New York State / New York Releases New Marijuana Guidance for Employers

New York Releases New Marijuana Guidance for Employers

October 25, 2021 By New York Truckstop Leave a Comment

FacebooktwitterpinterestlinkedinmailFacebooktwitterpinterestlinkedinmail

For the most part, New York State’s new marijuana guidance for employers means they will no longer be allowed to test employees or job applicants for cannabis, according to new regulations released by the state Department of Labor, unless the employer is permitted to do so pursuant to the provisions of Labor Law Section 201-D(4-a). However, an employer can drug test an employee if federal or state law requires drug testing or makes it a mandatory requirement of the position, such as commercial vehicle drivers.

If an employee is visibly impaired at work or possesses marijuana on the job, an employer would be able to test and penalize the worker. However, if the worker shows up smelling of marijuana, that alone is not grounds to test them.

An employer is not prohibited from taking employment action against an employee if the employee is impaired by cannabis while working (including where the employer has not adopted an explicit policy prohibiting use), meaning the employee manifests specific articulable symptoms of impairment that: 

  • Decrease or lessen the performance of their duties or tasks 
  • Interfere with an employer’s obligation to provide a safe and healthy workplace, free from recognized hazards, as required by state and federal occupational safety and health laws

Of course, there is no dispositive and complete list of symptoms of impairment. Rather, articulable symptoms of impairment are objectively observable indications that the employee’s performance of the duties of their position are decreased or lessened. Employers are cautioned that such articulable symptoms may also be an indication that an employee has a disability protected.

Employers may prohibit cannabis during “work hours,” which for these purposes means all time, including paid and unpaid breaks and meal periods, that the employee is suffered, permitted or expected to be engaged in work, and all time the employee is actually engaged in work.

All New York employers should update their policies regarding the new marijuana guidance, but it becomes especially tricky for logistics companies as employees who operate heavy machinery and employees who do not operate heavy machinery will now likely be categorized separately under drug testing policies.

Print Friendly, PDF & EmailPrint Friendly
FacebooktwitterpinterestlinkedinmailFacebooktwitterpinterestlinkedinmail

Filed Under: New York State

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

FOLLOW US

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

SPONSORED BY

Arthur Miller Attorney at Law

The Law Firm of Arthur L. Miller

The Law Firm of Arthur L. Miller The law firm of Arthur L. Miller specializes in transportation and traffic issues … Read More...

TOPICS

  • Business
  • Certified WeighMasters
  • Class Action Suits
  • Climate & Energy
  • Construction Jobs
  • COVID-19
  • Driver Education
  • Fares Fees Tolls
  • Federal
  • Funding
  • Immigration Law
  • International Trade
  • Legislation
  • New Jersey Legislation
  • New Legislation
  • New York City
  • New York State
  • Parking
  • Pending Legislation
  • Safety
  • Strategies for Urban Mobility Policy: Sustainable Delivery Bills (eacreative.nyc)
  • Tips
  • Truck Tractor Trailer
  • Uncategorized
  • Worker Safety

Our Latest Tweets

Tweets by @nyctruckstop

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Contact Us

34-18 Northern Blvd.
Long Island City, New York 11101

Phone: 718-997-0641
Fax: 718-997-0245
No Fields Found.

Copyright © 2025 New York Truck Stop Enterprises LLC     |     Site developed by Good2bSocial