New York City Council Header
File #: Int 1445-2019    Version: * Name: Prohibition of drug testing for pre-employment hiring procedures
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Civil and Human Rights
On agenda: 2/13/2019
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to prohibition of drug testing for pre-employment hiring procedures
Sponsors: The Public Advocate (Mr. Williams), Laurie A. Cumbo, Carlina Rivera , Brad S. Lander
Council Member Sponsors: 3
Summary: This proposed bill would prohibit New York City employers from requiring a prospective employee to submit to testing for the presence of any tetrahydrocannabinols (THC), the active ingredient in marijuana, in such prospective employee’s system as a condition of employment. Exceptions are provided for safety and security sensitive jobs, and those tied to a federal or state contract or grant.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 1445, 2. Int. No. 1445, 3. February 13, 2019 - Stated Meeting Agenda with Links to Files, 4. Committee Report 2/27/19, 5. Hearing Testimony 2/27/19, 6. Hearing Transcript - Stated Meeting 2-13-19
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
2/27/2019*The Public Advocate (Mr. Williams) Committee on Consumer Affairs and Business Licensing Laid Over by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Consumer Affairs and Business Licensing Hearing Held by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Justice System Laid Over by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Justice System Hearing Held by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Civil and Human Rights Laid Over by Committee  Action details Meeting details Not available
2/27/2019*The Public Advocate (Mr. Williams) Committee on Civil and Human Rights Hearing Held by Committee  Action details Meeting details Not available
2/13/2019*The Public Advocate (Mr. Williams) City Council Referred to Comm by Council  Action details Meeting details Not available
2/13/2019*The Public Advocate (Mr. Williams) City Council Introduced by Council  Action details Meeting details Not available

Int. No. 1445

 

By the Public Advocate (Mr. Williams) and Council Members Cumbo, Rivera and Lander

 

A Local Law to amend the administrative code of the city of New York, in relation to prohibition of drug testing for pre-employment hiring procedures

 

Be it enacted by the Council as follows:

 

Section 1. Section 8-107 of title 8 of the administrative code of the city of New York is amended by adding a new subdivision 30 to read as follows:

30. Employment; pre-employment drug testing policy. (a) Definitions. For purposes of this subdivision the term “tetrahydrocannabinols” has the same meaning as such term is defined in paragraph 21 of subdivision d of section 3306 of the public health law.

(b) Prohibition. Except as otherwise provided by law, it shall be an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent thereof to require a prospective employee to submit to testing for the presence of any tetrahydrocannabinols in such prospective employee’s system as a condition of employment.

(c) Exceptions. (1) The provisions of this subdivision shall not apply to persons applying to work:

(A) As police officers or peace officers, as those terms are defined in subdivisions 33 and 34 of section 1.20 of the criminal procedure law, respectively, or in a position with a law enforcement or investigative function at the department of investigation;

(B) In a position in which an employee is required to possess security clearance under federal law or the law of any state;

(C) In a position requiring the operation of heavy machinery;

(D) In a position requiring the operation of a motorized vehicle;

(E) As a lifeguard;

(F) As an emergency responder; or

(G) In any other position determined by the commission in consultation with the department of citywide administrative services.

(2) The provisions of this subdivision shall not apply to drug testing required pursuant to:

(A) Any regulation promulgated by the federal department of transportation that requires testing of a prospective employee in accordance with 49 CFR 40 or any rule promulgated by the departments of transportation of this state or city adopting such regulation for purposes of enforcing the requirements of that regulation with respect to intrastate commerce;

(B) Any contract entered into between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing of prospective employees as a condition of receiving the contract or grant;

(C) Any federal or state statute, regulation, or order that requires drug testing of prospective employees for purposes of safety or security; or

(D) A collective bargaining agreement between an employer and a labor organization representing employees and prospective employees of such employer.

d. Rules. The commission, in consultation with the department of citywide administrative services, shall promulgate rules for the implementation of this subdivision.

§ 2. This local law takes effect 1 year after it becomes law.

 

MMB

LS # 4606, LS # 8484, LS # 8564

1/30/19; 11:30 a.m.