New York Agreement for Drug Testing with Drug Testing Service
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How to fill out Agreement For Drug Testing With Drug Testing Service?
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FAQ
The most common consequence that a worker can face if they refuse to take a mandatory drug test is that they will be terminated from their job. Alternatively, if they are a prospective candidate for a job, then they will most likely not receive a job offer.
Employees may refuse to take a workplace drug test but they can also be fired for that refusal. An employer only needs to demonstrate they had good reason to believe someone was a safety hazard or was unable to perform their job. The employer's written policy is key in this situation.
You have the right to refuse a drug test, and the employer has the right to refuse you a job on that basis. State laws may impose some procedural rules on how an employer tests. For example, the employer may have to use a certified laboratory or give you an opportunity to explain a positive result.
New York employers are not allowed to drug test their employees for cannabis except under limited circumstances, based on new guidance this month from the state Department of Labor. The state is currently laying the groundwork for the legal sale of marijuana after legalizing its recreational use in the spring.
No, an employer cannot test an employee for cannabis merely because it is allowed or not prohibited under federal law. 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.
No, unless the employer is permitted to do so pursuant to the provisions of Labor Law Section 201-D(4-a) or other applicable laws.
Key Points: New York employers are now prohibited from drug screening most workers and applicants for cannabis use. Employers can still ban use of cannabis during work hours. Exceptions for safety-sensitive positions or as required by law.
The state of New York has no law addressing drug testing in private employment. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below).
No, an employer cannot test an employee for cannabis merely because it is allowed or not prohibited under federal law. Prior to the passage of statewide legalization, New York City officials had established a local ban on pre-employment drug testing for marijuana.
Key Points: New York employers are now prohibited from drug screening most workers and applicants for cannabis use. Employers can still ban use of cannabis during work hours. Exceptions for safety-sensitive positions or as required by law.