65.999 Testing in the Work Place for Drug and Alcohol Abuse:
MSSNY recognizes the right of employers to require drug and alcohol testing within certain limitations, as follows: (1) Drug and alcohol testing of applicants for employment in order to prevent drug and alcohol abusers from entering the work place. Patients taking medication which artificially triggers a positive test should have due process to be retested to exclude illegal drug or alcohol. (2) Drug and alcohol testing of employees for cause, provided that such testing is done under qualified medical supervision and that economic and other assistance is given in the rehabilitative process. (3) Random drug and alcohol testing of employees whose jobs may have an impact on public safety, under conditions as in number 2 above. (4) Drug and alcohol tests must be performed by New York State certified laboratories where adequate quality control processes are in effect and where a full chain of custody procedure is maintained on each specimen. In addition, each positive test result must be confirmed by means of gas chromatography/mass spectrometry or an equally accurate test. (5) Confidentiality must be maintained at all stages of the process. (6) Drug testing is appropriate when implemented in conjunction with a program for rehabilitation and treatment of employees who are psychologically or physically dependent. (Council 12/21/89; Reaffirmed HOD 2014; Reaffirmed HOD 2024)
