1) State Law on Drug Testing
Per New York state law, if an employer conducts alcohol or drug testing thanthe tests must be conducted according to the laws set forth by the state. Thisis especially true as regards the “where” of drug testing.
2) Types of Drugs
State law does not require that employers test for any particular drug. Itis up to the employer, public or private, as to which drugs or alcohol theychoose to test for. Most employers will test for illegal drugs and inhalants.Some even include prescription drugs in their tests.
3) Policy Disclosure
There is no state requirement that mandates the company drug test policy bedisplayed where all employees can see it.
4) Written Policy on Drug Abuse and Testing
While the state of New York has no law regarding a written drug policy thereis a recommendation in place. For the purpose of unemployment and workers’compensation it is strongly advised by the state that a written policy be putin place by the employer. The written policy should be contained in theemployee handbook for easy access.
5) Drug Testing Procedures
New York does not require one type of drug test over another. It is up tothe employer, public or private, to decide what type of drug testing it wishesto use. The most common is urine testing but blood testing and hair samplingare other common options
6) Testing Costs
Drug testing is an expensive procedure. There is no state law or ordinancethat states who must pay for the drug test. As a rule it is the employer whodoes pay for the test.
7) Drug Testing Location
New York State law does have a say as to where drug testing is done. Allemployers, both public and private, must send their employees to astate-certified lab for drug testing.
Who Must Get Tested
New York law does state that there should be random drug testing forthose employees involved in dangerous activities or those concerned with publicsafety. Otherwise there is no mandate that states any particular employee orjob functions must be tested for drugs and alcohol.
9) Time for Testing
There is no state law requiring drug and AlcoholTesting prior to being hired or after an accident. Nor is testing requiredwhen employees are under suspicion of drug or alcohol abuse. It is up to theemployer when drug testing is done. Most employers will test an employee fordrugs and alcohol prior to the new hire’s first day on the job.
10) Positive Testing
The state of New York requires no mandatory action when an employee testspositive for drugs and alcohol. It is up to the employer as to what action istaken when an employee tests positive for abuse. If a test is positivefollowing an accident on the job the company could potentially file chargesagainst the employee.
This Article is written by Lena Butler, the author of Drug Testing Laws byState a longer version of this article is located at 10 Things to Know About Workplace Drug Testing State Laws and Regulations inNew York, and resources from other home health and wellness testingarticles are used such as Alcohol Testing.