New York Drug Testing Law
New York does not have a drug testing statute. However, there are a handful of other laws and regulations that indirectly impact drug testing. General Business Law §399-DDD may affect employers that wish to conduct random testing using employee’s SSN as means of selection or use SSN to make testing anonymous. New York Department of Health laboratory standards apply to forensic laboratories. Code Rule 60 is a voluntary program that permits employers to put certain safety-related programs in place that qualify them for workers’ compensation credits; however, it does not discuss drug testing. Additionally, the state recreational cannabis law prohibits nearly all testing for cannabis. Note: This is only a summary and does not include specifics.
Law types(s)
Laboratory licensing, unemployment compensation law, and workers’ compensation law.
Legal status of cannabis
Medical and recreational cannabis are permitted.
Legal status of instant/POCT/rapid testing
Instant testing is restricted.
Permitted drug testing specimens
Urine is specifically mentioned.
Permitted testing circumstances
Not mentioned.
Employers must comply with the entirety of the laboratory licensing law. Additionally, employers should pay special attention to the state recreational cannabis law.
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This information is provided for educational use only and does not give full details on New York’s state drug testing laws . Employers wishing to drug test in New York should consult applicable laws in their entirety prior to creating a drug-free workplace program. Reader retains full responsibility for the use of the information contained herein.
