The New York State Department of Labor has published guidance regarding employee cannabis use. against employees because of their legal cannabis use.
is “impaired by the use of cannabis” at work.
employee’s performance of the duties of the position . decreased or lessened” noticeable odor on its own. conclusion that an employee was impaired by cannabis.
that an employee has a disability protected by applicable law.
second ground that could give rise to employee discipline.
cannabis during work hours or while at work.
employees at their residence. symptoms of impairment that decrease or lessen performance.
position,” such as for drivers of commercial motor vehicles.
permits cannabis use by individuals 21 and over.
The NYSDOL guidance still leaves some questions unanswered as well as issues for employers to consider. not articulable symptoms of impairment on their own .
provide a safe and healthy workplace.
proprietary or business interest.