Although New York City employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment, several exceptions do exist. A final rule was issued in June, which clarifies the exception for positions deemed to “significantly impact the health or safety of employees or members of the public.”
The exception applies if: the position requires that an employee regularly, or within one week of beginning employment, work on an active construction site; the position requires that an employee regularly operates heavy machinery; the position requires that an employee regularly works on or near power or gas utility lines; the position requires that an employee operate a motor vehicle on most work shifts; the position requires work relating to fueling an aircraft, providing information regarding aircraft weight and balance, or maintaining or operating aircraft support equipment; or impairment would interfere with the employee’s ability to take adequate care in the carrying out of his or her job duties and would pose an immediate risk of death or serious physical harm to the employee or to other people.
