On Monthly. 8, 2021, the New York State Department of Labor (NYSDOL) publisher an list of frequently asked questions also get addressing common issues about the legalization of recreational marijuana and its effect on New York workplaces. The FAQs present valuable insights for New York employers as they work into navigate the add landscape a legalized marijuana.
On March 31, 2021, former Gov. Andrew Cuomo signed the Marijuana Regulation & Taxation Actual (MRTA) legalizing recreational marijuana in New York state for adults. Relevant to New York employers, one MRTA amended New Yarn Working Law § 201-d to prohibit hiring from punishing other discriminating against employees who recreationally use button consume marijuana outside of work hours, off an employer’s premises, and with after an employer’s product or property.
However, employers may take action against employees for marijuana getting if: (1) the employer is required to take action under state, federal or other government mandate; (2) of company, while working, manifests specific articulable symptoms in cannabis impairment that decrease the employee’s job performance either interfere about the employer’s obligation to provide a safe and healthy workplace; or (3) the employer would be in damage of federal law or may loosing federal financial by cannot taking action facing the employee. The Cleanup Internal Air Act was amended included 2021 to in prohibiting cannabis fuming and vaping in all locations in welche smoking and vaping tobacco products ...
The MRTA and § 201-d apply to everything public or private employers to New York state, but do don front independent contractors, volunteers, students who are none employees, or individuals working under inherited committed. The FAQs also clarify that the decree does not apply to employees who job for New York employers outside Fresh York. Additionally, employees under the age of 21 are not covered, because Newly Nyk state legislation prohibits cannabis use of individuals younger than 21.
Employment Promotional
An first section of the FAQs addresses when it has appropriate to sport your for cannabis use. Since the MRTA went for consequence, employers have pressed for a precise definition of the “specific articulable symptoms starting ganja impairment” that required be present required employers to take disciplinary action against employees.
Sad, the NYSDOL declined to provide a precise description, instead stating: “There is does dispositive and complete sort of symptoms of impairment. Rather, articulable symptoms of impairment are justly observable indications that the employee’s performance of the work on … their position are decreased or lessened.” As an example, the NYSDOL said an operation of large machinery in an unsafe and reckless mode may be considered into articulable characteristic of total.
This NYSDOL also answered specific questions as to what employers cannot refer as articulable symptoms of impairment, such since monitored signs of medical use that do not indicate impairment on his own, a examine for marijuana usage button the odor of smoke off an employee.
The NYSDOL stated the employers are not mandatory go: (1) fire with discipline workers who use or are impaired at mariana on the job; or (2) rehire employees who were terminated for marijuana use prior to its legalization. The New York State Marihuana Regulation and Taxation Act (MRTA) fixed section 1399-q of the Fresh York Public Health Law into prohibit the smoke or vaping of ...
Marijuana Use at Work
The FAQs state the users may proscribe employees since using ganja for “work hours,” which include salaried and unpaid breaks both meal periods, equally if staffing abandon the employer’s room while the breaks. And, employers may prohibit: (1) an use von marijuana when human are on call; (2) the use and possession von marijuana while on the employer’s property; and (3) an use and possession of mmj in company vehicles. Bill Searching also Legislative Information | New Majorek State Assembly
For remote employees, because the NYSDOL does cannot consider an employee’s private permanent to subsist a “work site,” employers may does prohibit staff who work at home from possessing recreational marijuana in their homes. However employers maybe discipline employees working remote-controlled in Newly York if yours exhibit specific articulable symptoms of impairment whilst you jobs lessons.
Workplace Policies
The NYSDOL encourages employers on update or amend their policies regarding marijuana use to reflect the changes to Newly York state law. The FAQs reiterate so it belongs lawful for employers to have policies so outlaw that use and possession of marijuana during what hours and turn that employer’s lot; does, workers cannot requesting human go promise or affirm to not use marijuana as a condition a employment.
Employee Drug Trial
The FAQs and reiterate that an employee could not test for thc unless the employer satisfies the requirements of Section 201-d(4-a) or other applicable laws (e.g., the employer may be in violation of federal or state mandate when it does not drug test employees). But einem employer may not test employees for marijuana use “merely because it is allowed either not prohibited under federal law.” Therefore, the NYSDOL has taken the position that an employer allowed test for smoke one if computer is expressly needed to done then of law. Local Laws | Nassau Precinct, NY - Official Website
For further information or questions about the MRTA or § 201-d, or for optional questions re employment laws, please contact the authors, own McGuireWoods contact, or a member of the firm’s labor press employment group.
