Aside from the statistical likelihood of hiring more productive and reliable employees, and the decreased chance of workers’ comp claims, employers in New York are entitled to an annual 2 percent workers’ comp premium credit just for having a drug-free workplace. The employer must also state that the results of any test will be kept confidential. Additionally, the federal Drug-Free Workplace Act outlines the requirements for a drug-free workplace. As mentioned, more states are enacting medical and recreational marijuana laws and courts have issued employee-friendly decisions addressing existing laws, which makes it particularly important for employers to stay ahead of this evolving area of the law. Disclosing personal information about your employees is punishable by law, and the same rules apply for drug test results. Mobile Health can work with your business to perform a needs assessment and set up a drug-free policy. Commissioner . Testing permitted after applicant receives drug-testing policy. As established by the Supreme Court in the case of Skinner v. Railway Labor Executives’ Association , drug testing is not an infringement of employee’s privacy. Now more than ever, employers in all jurisdictions should review their existing drug testing or substance abuse policies and determine how best to address any applicant or employee positive test result for marijuana. 3.1. Mobile Health’s MRO protects the rights of employees by offering a fair opportunity to explain the results of a drug test. We also handle all drug testing needs your program requires through our seven NY clinics/collection sites and national network of 3,300+ provider partners. Below you will find tips and tricks for implementing each type. 290 et seq. Combine these savings with drug-free employees and fewer workers’ comp claims and you’re likely to save even more. Medical Delaware : Public and private schools and school transportation; Department of Corrections. employee testing negative for illegal substances. Regarding the Occupational Safety and Health Administration (OSHA) rule on post-accident drug and alcohol testing, there is nothing to prohibit drug testing of employees, including drug testing pursuant to the Department of Transportation rules or any other federal or state law. Not only can you save a percentage on workers’ comp, but the premium is very likely to decrease with a drug-free policy. Annual: This type of test is often required by the New York State Department of Health and the Department of Transportation, but can also be a good yearly reminder of your strict drug-free policy. This means if your business pays $60,000 in workers’ comp premiums annually, you could receive a credit of $6,000 the first year and $3,600 every following year. No. Purpose and Goal Organization name is committed to protecting the safety, health and wellbeing of all employees and other individuals in our workplace. Yes. A Drug-Free Workplace Policy is Necessary for Testing. In New York, Industrial Code Rule 60 dictates the drug-free requirements for workers’ comp premium credits. The following table includes states that have some kind of statutory language requiring employers to not refuse employment or otherwise discriminat… That’s a 6-10 percent savings on your workers’ comp premium. New York’s Workplace Safety and Loss Prevention Incentive Program, also known as Industrial Code Rule 60, is a workers’ comp reform that rewards New York employers that have drug-free workplaces with a workers’ comp premium credit. 15 Sec. Employers with longstanding drug-free policies report reduced use of medical benefits by employees and their families, and better health among employees. Marijuana Testing in Employment. May 8, 2020. Mobile Health’s Medical Review Officer (MRO) is a medical doctor (MD) that will determine if there is a legitimate medical reason for a positive drug test result. Most New York City Employers Now Prohibited from Conducting Pre-Employment Marijuana Tests. Types of Employee Drug Testing . Post-accident: This is a test given in response to an accident or incident involving unsafe behavior. Many federal employees, such as those who handle classified information, those who work in national security, law enforcement officers, employees with duties to protect property, life, health and safety, and even the President are subject to drug testing . Reasonable suspicion: If an employee has a history of unsafe behavior or does not appear fit for duty, this type of test can be an effective tool for identifying the issue.
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