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Legal Compliance - New York

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Overview

The state of New York recently enacted new legislation impacting al New York Companies that procure criminal background checks on job applicants and employees from third-party background screening vendors.

This legislation goes into effect on February 1, 2009. The legislation requires that the applicant/employee who is the subject of a criminal records check receive a copy of Article 23-A. It also requires a copy of the Article be posted conspicuously in the workplace.

A copy of the new legislation can be found by clicking the "Full Legislation" link below. A copy of the required "Article 23-A" is provided by below as well

Full Legislation
Article 23-A

Drug Screening
New York

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause		Employees making reasonable suspicion determinations must be properly trained to recognize drug use and alcohol misuse.
Post Accident:		Test must be administered immediately following the accident
MRO		All positives must be reviewed by an MRO

Arizona - Drug Screening Laws
Arizona has voluntary laws affecting drug and alcohol testing. No cause of action may be brought against any employer that has established an alcohol or drug testing program in accordance with the law for adverse employment actions taken in good faith based on a positive drug or alcohol test. Adoption of these voluntary rules provides a "shield" against certain types of litigation.

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause	Yes	Broadly permitted when there is reasonable suspicion and actions adversely affects job performance
Post Accident:		Test must be administered immediately following the accident
MRO		MRO services are not required

California - Drug Screening Laws

	Permitted:	Notes
Pre Employment Screening:
Random		Safety sensitive and DOT positions only.
For Cause
Post Accident:
MRO		Not required

Colorado - Drug Screening Laws

	Permitted:	Notes
Pre Employment Screening:
Random		Safety sensitive and DOT positions only.
For Cause
Post Accident:
MRO		MRO services are not required

Idaho - Drug Screening Laws
Idaho has voluntary laws affecting drug and alcohol testing. No cause of action may be brought against any employer that has established an alcohol or drug testing program in accordance with the law for adverse employment actions taken in good faith based on a positive drug or alcohol test. Adoption of these voluntary rules provides a "shield" against certain types of litigation.

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO		MRO services are not required

Illinois - Drug Screening Laws

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO		MRO services are not required

Michagan - Drug Screening Laws

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO		MRO services are not required

Minnesota - Drug Screening Laws
The laws in Minnesota are fairly complex. Specific restrictions and requirements must be followed. It is important to note that Minnesota does not ordinarily allow employers to discharge an employee for a first positive result.

	Permitted:	Notes
Pre Employment Screening:		provided all applicants for the same position are tested and if a conditional job offer is made prior to the test. If job offer is withdrawn, the applicant must be informed of the the employer's reasons.
Random		For safety sensitive positions (as defined by statute) only.
For Cause		Permitted if there is reasonable suspicion that the employee while at work: Is under the influence of alcohol or a controlled substance Caused a work related accident or was involved in such Sustain or caused injury to another person Violated work rule prohibiting alcohol or controlled substance use while operating machinery
Post Accident:		Permitted under the same conditions as "For Cause".
MRO		MRO services are not required

New Jersey - Drug Screening Laws

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO		MRO services are not required

New Mexico - Drug Screening Laws

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO		MRO services are not required

New York - Drug Screening Laws

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO		MRO services are not required

Oregon - Drug Screening Laws

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO		MRO services are not required

Tennessee - Drug Screening Laws
Tennessee has voluntary laws affecting drug and alcohol testing. They provide for a 5% discount on Workers Compensation premiums for employers implementing a "Drug-Free Workplace" program in compliance with the Workers Compensation Premium Reduction Act.

	Permitted:	Notes
Pre Employment Screening:		Required (under the WCPRA) following a conditional job offer
Random		(but not required)
For Cause		"Cause" is broadly defined. Reasons for the suspicion that lead to testing must be documented.
Post Accident:		If injury occurred.
MRO		All positives must be reviewed by an MRO

Texas - Drug Screening Laws

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO		MRO services are not required

Utah - Drug Screening Laws

Utah has voluntary laws affecting drug and alcohol testing. No cause of action may be brought against any employer that has established an alcohol or drug testing program in accordance with the law for adverse employment actions taken in good faith based on a positive drug or alcohol test. Adoption of these voluntary rules provides a "shield" against certain types of litigation.

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO

Virginia - Drug Screening Laws

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO		MRO services are not required

Washington - Drug Screening Laws

	Permitted:	Notes
Pre Employment Screening:
Random
For Cause
Post Accident:
MRO		MRO services are not required

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