Approved March 28, 2019
RESOLUTION OF THE GREATER UTICA CHAMBER OF COMMERCE IN OPPOSITION TO EMPLOYER RESTRICTIONS ON DRUG TESTING
WHEREAS; the New York State Executive Budget proposes to amend existing laws to legalize adult-use cannabis, and;
WHEREAS; the Executive Budget proposal specifically only prohibits the use of recreational marijuana during work hours and thus prohibits employers from implementing a zero tolerance drug policy for employees, and;
WHEREAS; New York State employers are subject to the absolute liability standard of New York’s Scaffold Law, and;
WHEREAS; many industries are inherently dangerous and American Occupational Medicine experts have concluded that, “It is reasonable and responsible for employers to ban the use of marijuana at any time by employees, contractors, and other workers.”, and;
WHEREAS; currently, testing for marijuana impairment or intoxication is limited to blood and urine tests which significantly restrict an employer’s ability to determine if an employee is presently under the influence, and therefore should not participate in any activities that may present an inherent risk to themselves, their co-workers, company property or to the public, and;
NOW, THEREFORE BE IT RESOLVED; that the Board of Directors of the Greater Utica Chamber of Commerce urges our representatives in the New York State Senate and the New York State Assembly to allow employers to implement a zero tolerance drug policy.