The New York State Department of Labor has issued a document titled “Adult Use Cannabis and the Workplace” to answer frequently asked questions employers may have complying with the legalization of recreational marijuana. While the document answers some questions, there is still uncertainty in aspects of compliance with the law, particularly when it comes to identifying the “specific articulable symptoms of impairment.”
Also, the document points out that employers cannot test for marijuana because it is not evidence of impairment. This is an important consideration for post-accident testing.
Employers should review this guidance with their legal counsel, and insurance and human resource professionals to learn how it may impact their business. We will continue to update you as more information about how employers should comply while continuing to provide a safe worksite for employees becomes available.