NEW YORK (1010 WINS) — In a win for New York marijuana users, the Department of Labor released new guidance Tuesday prohibiting testing employees for pot use — even taking disciplinary action unless an employee is visibly impaired.
"Only symptoms that provide objectively observable indications that the employee’s performance of the essential duties or tasks of their position are decreased or lessened may be cited," the guidance says. "However, employers are not prohibited from disciplinary action against employees who are using cannabis during work hours or using employer property."
The DOL said the smell of marijuana on an employee is not "evidence" of impairment, as employers are not required to fire employees for using pot while on the job but are "permitted to take action" if desired.
However, the state guidance says employers may ban cannabis during “work hours" and could prohibit bringing it onto a job site.
The policy shift stems from a bill allowing recreational marijuana in the Empire State, that was signed into law by former Gov. Andrew Cuomo in March.
The New York Daily News reported in April that NYC cops, firefighters and transit workers were ineligible from the new legislation.
Workers can still be required to be tested if it is ordered by federal or state law and is a "mandatory requirement of the position," the DOL said.
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