New York Contemplating Ban on Drug Testing Prospective Personnel for Cannabis


For states that have legalized some kind of cannabis use, drug testing policies for staff and workplaces have been a continuous supply of controversy. Due to the fact THC, the major psychoactive constituent of cannabis, can linger in the physique extended immediately after its effects have worn off, staff can test constructive on a drug screening for legal, off-the-clock activity. And with quite a few employers adopting “no tolerance” workplace drug policies, workers have faced sanctions and termination for testing constructive for THC, in spite of displaying no indication of drug-impairment on the job.

Hoping to get ahead of the challenge just before the query of testing staff for legal substances becomes an actual trouble, New York City Council’s Progressive Caucus is introducing a bill to bar employers from testing job applicants for THC.

New York City Councilman Jumaane Williams Embraces Widespread Sense Drug Testing Policy

Councilman Jumaane Williams’ bill aims to finish workplace drug tests for THC as a situation of employment. Or at least, for most jobs. Williams’ bill would not apply to security-sensitive jobs like law enforcement, driving or operating heavy machinery, or everyone operating below state or federal contracts. The bill’s carve out is equivalent to policies not too long ago adopted for public transit workers in Canada.

For everybody else, on the other hand, Williams’ bill would finish the practice of testing possible staff for THC. With New York moving quickly toward adult-use legalization, Williams says “it does not make sense that this would be anything that would stop an individual from having gainful employment.”

And Williams is appropriate. It does not make a great deal sense. The presence of THC in a person’s method can indicate if a particular person is below the influence of cannabis. But it can also be an indication merely of the truth that the particular person consumed cannabis at some point in the previous. In quick, testing constructive has no definite relation to impairment or a person’s capacity to carry out their job safely. “If you ingest weed in what ever manner a month ago, I’m not positive how that prevents you from undertaking your job now,” Williams told NY Day-to-day News. 

Move to Ban Drug Testing Prospective Employers Portion of Bigger Push to Finish Tests for THC

Councilman Williams is not the only member of City Council’s Progressive Caucus to introduce bills to eradicate tests for THC. Councilman Donovan Richards, who also heads the Council’s Public Security Committee, sees an finish to cannabis tests as a way to aid cut down the city’s prison population. To that finish, Richards will quickly propose a bill to quit testing individuals on probationfor THC. “While we’re operating to reduce the population in Rikers, we must be locating causes to preserve individuals out of the method, not additional hurdles to trip them up and send them back,” Richards stated. Richards’ proposal currently has the backing of a number of ex-probation officers and a former district court judge.

A third bill requires aim at a small-recognized consequence of testing for THC: interventions by kid protective solutions. When a particular person utilizes a public hospital in the city, they are incredibly often screened for illicit substances. And if a parent tests positive for THC, public hospitals alert the Administration for Children’s Solutions (ACS). From there, ACS can pass the information and facts on to the NYPD and conduct their personal investigations. These investigations can lead to parents losing custody of their young children, just for testing constructive for THC.

Councilman Antonio Reynoso desires to know how typically that occurs. His bill would demand the city to preserve information on the quantity of ACS investigations initiated due to a hospital alerting the agency about a constructive drug test. That information wold incorporate information and facts about the earnings, race, gender, age and ethnicity of individuals and the distinct drug the test detected. It would also demand the city to count how quite a few occasions ACS referred information to the NYPD.


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