Many employers in New York City will no longer be capable to test job applicants for marijuana or THC—the psychoactive ingredient in cannabis—under a law that was just adopted in the Large Apple. The new law will take impact in May possibly 2020.
“Potential employers never test for alcohol, so marijuana really should be no distinct. But in no way does this bill justify people going to function below the influence,” mentioned Jumaane Williams, New York City’s public advocate and the legislation’s sponsor.
We’ve rounded up the most up-to-date news on this subject. Right here are SHRM On-line resources and news articles from other trusted media outlets.
Exceptions for Specific Jobs Apply
Covered employers in New York City really should evaluation and revise their drug-testing policies and procedures to make certain compliance. But employers really should note that there are quite a few exceptions to the ban on pre-employment testing for marijuana. Applicants for the following positions can nonetheless be tested: building workers police officers industrial drivers teachers, teachers’ aides or day care center personnel any job that requires the supervision or care of individuals in a health-related, nursing residence or group care facility and any job that has the prospective to drastically influence the overall health or security of personnel or members of the public. Applicants might also be tested for weed if such testing is expected by the U.S. Division of Transportation, federal contracts or grants, federal or state statutes, or collective bargaining agreements.
(National Law Assessment)
Testing for Other Drug Use
Employers in New York City that want to continue drug testing will want to attain out to vendors and see if they can give testing for drugs other than marijuana at the pre-employment stage. Employers usually never test only for marijuana but for a variety of drugs, such as opiates, cocaine, amphetamines and marijuana.
Extra Workers Are Testing Good
Extra U.S. workers are testing constructive for marijuana, according to the annual Quest Diagnostics Drug Testing Index. The quantity of workers and job applicants who tested constructive for marijuana climbed 10 % final year to two.three %. Good test final results for urine testing of marijuana, the most popular variety of testing carried out, continue to rise each for the common U.S. workforce and in regulated, security-sensitive industries. Good test final results rose eight % for the common workforce to two.eight % and enhanced five % for these in security-sensitive jobs to .88 %.
The State of Marijuana Laws
Though marijuana use remains illegal at the federal level, 33 states have legalized health-related marijuana use, and 10 states have also legalized recreational use. Some state statutes or court choices safeguard personnel who use health-related marijuana below state disability laws other individuals do not afford employment protections. Regardless, a constructive marijuana test will not indicate if the marijuana use occurred on or off duty. So employers might want to treat marijuana in the workplace like they treat alcohol by focusing on security and testing when there is a affordable suspicion of workplace impairment.
The ABCs of THC: What Employers Will need to Know
From federal law to different state laws, from health-related to recreational to low-THC solution use, navigating the marijuana-legalization landscape is difficult. Here’s what employers want to know.