New York Department of Labor Publishes Guidance Addressing Recreational Marijuana In The Workplace; Most Drug Testing For Marijuana Is Prohibited

CANNANNEW REPORT

AUTHOR Jackson Lewis P.C. Kathryn Russo The New York Department of Labor (“DOL”) recently published guidance and FAQs entitled “Adult Use Cannabis And The Workplace – New York Labor Law 201-D” to address questions related to the Marijuana Regulation and Taxation Act (“MRTA”). MRTA legalized marijuana use and possession for adults who are 21 and older, effective March 31, 2021, and amended New York Labor Law Section 201-d, the legal activities law. New York employers may not refuse to hire, employ, discharge, or otherwise discriminate against someone who uses cannabis lawfully while off-duty and off-premises and while not using the employer’s equipment or other property. Some of the key takeaways from the DOL Guidance include: Drug testing for marijuana is not permitted except in very limited circumstances (e.g., the test is required by law); A drug test result cannot serve as a basis for an employer’s conclusion that an employee was impaired by marijuana; The smell of marijuana, by itself, is not evidence of “articulable symptoms of impairment.” Pertinent excerpts of the DOL’s Guidance and FAQs are set forth below: Permitted Employer Actions Employers may take employment actions related to the use of cannabis based on the following: The employer is/was required to take such action by state or federal statute, regulation, ordinance, or other state or federal governmental mandate; The employer would be in violation of federal law; The employer would lose a federal contract or federal funding; The employee, while working, manifests specific articulable symptoms of cannabis impairment that decrease or lessen the employee’s performance of the employee’s tasks or duties; The employee, while working, manifests specific articulable symptoms of cannabis impairment that interfere with the employer’s obligation to provide a safe and health workplace as required by state and federal workplace safety laws. Frequently Asked Questions Can an employer…

Excerpt only …
READ MORE BELOW
Source : New York Department of Labor Publishes Guidance Addressing Recreational Marijuana In The Workplace; Most Drug Testing For Marijuana Is Prohibited

reposted by Cannabis News World

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