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Can You Be Tested Or Fired For Smoking Pot? New York State Offers Guidance To Residents

Marijuana
Marijuana Photo Credit: Pixabay

The New York State Department of Labor has offered guidance to residents about cannabis use and the workplace.

According to the department, employers are allowed to take action against an employee if the employee is impaired by cannabis while working.

The state said there must be "specific articulable symptoms" of the employee's impairment that decrease the employee's ability to perform their job or interfere with the employer's ability to create a safe and healthy work environment.

The department said these symptoms are defined as "objectively observable indications that the employee’s performance of the duties of the position of their position are decreased or lessened."

That said, observable signs of cannabis use that don't indicate impairment on their own, such as smell, can't be cited as an articulable symptom of impairment. 

Drug testing also can't be used as a basis for an employer's conclusion that an employee was impaired "since such test do not currently demonstrate impairment," the department said.

The state said employers are allowed to take disciplinary action against employees who use cannabis during work hours or on the employer's property.

Learn more from the Department of Labor here.

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