NEW YORK (WKBW) — The New York State Office of Cannabis Management has created new guidance for marijuana drug testing.
In the guidance, the labor department says employers are prohibited from discriminating against employees who use marijuana, and an employer cannot test an employee for marijuana to see if they are using the drug.
Employers are also prohibited from taking action against an employee who uses marijuana outside of work hours and without using company equipment or property.
The labor department says the following reasons why an employer would be allowed to take action against an employee
- If the state laws change that make using marijuana illegal
- If the employee's use means the employer is violating federal law or would lose federal funding
- If an employee's marijuana use has a direct, negative impact on their job performance
- If an employee's marijuana use impacts the company's ability to provide a safe and healthy workplace