Hardy Quoted in Article on Testing for Marijuana
October 22, 2021 | |Tamika Hardy was quoted in the Newsday article, “Employers can no longer test most job seekers for marijuana, NY says.”
New York legalized recreational marijuana earlier this year and now, most employers cannot penalize employees for off-hour marijuana use.
Hardy stated, “With certain exceptions, they can’t test employees for cannabis, either, under recent Department of Labor guidance, but they can still take action against an employee if an employee shows ‘articulable’ symptoms of impairment on the job. The DOL guidance describes articulable symptoms of impairment as meaning ‘objectively observable indications’ that the employee’s performance of the duties of their position are decreased or lessened.”
However, there’s no medical test for cannabis impairment. “The science hasn’t caught up to the law,” said Hardy.
Employers do still have certain protections, though.
“An employee may not use or consume cannabis during work hours, and may not bring cannabis onto an employer’s property. Employees are also prohibited from use while operating an employer’s equipment/property, including a company-owned vehicle,” she said. “Also, there’s the articulable symptoms of impairment that decrease or lessen the employee’s performance of their tasks or duties or affect workplace safety,” Hardy commented.
She also noted that employers can defer to the DOL guidance. She suggests businesses document their observations if they believe there are articulable signs of marijuana-induced impairment.
