STATE OF NEW YORK
________________________________________________________________________
9627
IN ASSEMBLY
January 28, 2020
___________
Introduced by M. of A. FERNANDEZ -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to employee or prospec-
tive employee testing for the presence of tetrahydrocannabinols or
marihuana as a condition of employment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 296 of the executive law is amended by adding a new
2 subdivision 23 to read as follows:
3 23. (a) Except as otherwise provided by law, it shall be an unlawful
4 discriminatory practice for an employer, labor organization, employment
5 agency, or agent thereof to require an employee or a prospective employ-
6 ee to submit to testing for the presence of any tetrahydrocannabinols or
7 marihuana in such employee's or prospective employee's system as a
8 condition of employment.
9 (b) The provisions of this subdivision shall not apply to persons
10 working or applying to work:
11 (i) as police officers or peace officers, as those terms are defined
12 in subdivisions thirty-three and thirty-four of section 1.20 of the
13 criminal procedure law, respectively, or in a position with a law
14 enforcement or investigative function at the department of investi-
15 gation;
16 (ii) in any position requiring compliance with section two hundred
17 twenty-h of the labor law;
18 (iii) in any position requiring a commercial driver's license;
19 (iv) in any position requiring the supervision or care of children,
20 medical patients or vulnerable persons as defined in paragraph fifteen
21 of section four hundred eighty-eight of the social services law; or
22 (v) in any position with the potential to significantly impact the
23 health or safety of employees or members of the public.
24 (c) The provisions of this subdivision shall not apply to drug testing
25 required pursuant to:
26 (i) any regulation promulgated by the federal department of transpor-
27 tation that requires testing of an employee or a prospective employee in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14714-02-0
A. 9627 2
1 accordance with 49 CFR 40 or any rule promulgated by the department of
2 transportation of this state adopting such regulation for purposes of
3 enforcing the requirements of that regulation with respect to intrastate
4 commerce;
5 (ii) any contract entered into between the federal government and an
6 employer or any grant of financial assistance from the federal govern-
7 ment to an employer that requires drug testing of employees or prospec-
8 tive employees as a condition of receiving the contract or grant;
9 (iii) any federal or state statute, regulation, or order that requires
10 drug testing of employees or prospective employees for purposes of safe-
11 ty or security; or
12 (iv) any person whose employer or prospective employer is a party to a
13 valid collective bargaining agreement that specifically addresses the
14 drug testing of such person.
15 (d) The division shall promulgate rules for the implementation of this
16 subdivision.
17 § 2. This act shall take effect immediately.
