Bill Text: NY S05293 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to employee or prospective employee testing for the presence of tetrahydrocannabinols or marihuana as a condition of employment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S05293 Detail]
Download: New_York-2023-S05293-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5293 2023-2024 Regular Sessions IN SENATE March 1, 2023 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment 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 subdivision 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03069-01-3S. 5293 2 1 (c) The provisions of this subdivision shall not apply to drug testing 2 required pursuant to: 3 (i) any regulation promulgated by the federal department of transpor- 4 tation that requires testing of an employee or a prospective employee in 5 accordance with 49 CFR 40 or any rule promulgated by the department of 6 transportation of this state adopting such regulation for purposes of 7 enforcing the requirements of that regulation with respect to intrastate 8 commerce; 9 (ii) any contract entered into between the federal government and an 10 employer or any grant of financial assistance from the federal govern- 11 ment to an employer that requires drug testing of employees or prospec- 12 tive employees as a condition of receiving the contract or grant; 13 (iii) any federal or state statute, regulation, or order that requires 14 drug testing of employees or prospective employees for purposes of safe- 15 ty or security; or 16 (iv) any person whose employer or prospective employer is a party to a 17 valid collective bargaining agreement that specifically addresses the 18 drug testing of such person. 19 (d) The division shall promulgate rules for the implementation of this 20 subdivision. 21 § 2. This act shall take effect immediately.
