Drug testing - New York

On-site drug testing restrictions

In New York, a company doing on-site drug testing must comply with the state’s clinical laboratory licensing law, which is overseen by the Department of Health.

An employer can do drug testing if a Limited Service Laboratory Registration Certificate or New York State clinical laboratory permit is held.

An employer looking to receive a Limited Service Laboratory Registration Certificate must apply using materials from the state. Employers can submit the completed application to the Clinical Laboratory Evaluation Program.

Marijuana testing restrictions

Drug testing for marijuana is limited under the Marijuana Regulation and Taxation Act. A test for cannabis cannot serve as a basis for an employer’s conclusion that an employee was impaired by use of cannabis. An employer required to test drivers of commercial motor vehicles under state or federal law may continue to test as required under those laws.

Workers’ compensation

New York’s state workers’ compensation law provides that no benefits may be awarded to the employee when an injury is caused solely by the employee’s intoxication from alcohol or a controlled substance. There is a statutory presumption that the injury did not result solely from intoxication.

For-hire motor carrier and driver testing

Motor carriers are required to conduct pre-employment and random drug and alcohol tests. All drivers of any for-hire vehicle with a seating capacity of nine or more passengers (including the driver) must be tested. Testing is required regardless of commercial driver’s license endorsement.

Testing must be done under the requirements of Part 382 of Title 49 of the Code of Federal Regulations. At a minimum, drug testing must be administered in conformance with the procedures under 49 CFR Part 382.

Drivers shall be included in the random testing pool. Drivers shall submit to testing when selected, as required in 49 CFR Part 382.

Drivers are prohibited from:

• Consuming a drug, controlled substance, or intoxicating liquor, or being under the influence of a drug, controlled substance, or intoxicating liquor, within eight hours before going on duty or operating a vehicle,
• Consuming a drug, controlled substance, or intoxicating liquor while on duty or operating a vehicle,
• Possessing a drug, controlled substance, or intoxicating liquor while on duty or operating a vehicle. (This does not apply to a drug, controlled substance, or intoxicating liquor being transported as part of a shipment or personal effects of a passenger or an alcoholic beverage in a sealed container.)

Employers may not allow a driver to be on duty or operate a for-hire vehicle if the person’s appearance, conduct, or other evidence indicates that the driver has consumed a drug, controlled substance, or intoxicating liquor within the preceding eight hours.

Under this section, a “motor carrier” is a person, firm, corporation, association, or entity directing one or more drivers of for-hire vehicles with a seating capacity of nine or more passengers, including the driver, and which operates the for-hire vehicles in the business of transporting passengers for compensation.

The term “for-hire vehicle” means a taxi or livery with a seating capacity of nine or more passengers, including the driver. This includes an altered motor vehicle referred to as a “stretch limousine.”