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Workplace Drug Testing Laws for New York

  • Published: 12/19/2022
  • Updated: 12/19/2022

The State of New York has not passed laws restricting or regulating an employer’s right to require drug testing.

New York State has no legislation that directly addresses drug and alcohol testing for those employed in private corporations or businesses generally.

However, New York has adopted a Workers’ Compensation discount program as an initiative to encourage and reward employers that have implemented or plan to implement a quality, cost-effective safety incentive program, drug and alcohol prevention program, or return-to-work program.

In addition, New York City has enacted laws prohibiting employers from testing for Marijuana in most pre-employment situations.