Recreational marijuana is now legal in New York State after Governor Andrew Cuomo signed legislation into law legalizing the purchase and use of cannabis products to adults 21 and older.
So that means, New Yorkers can now legally possess and use up to three ounces of marijuana for recreational use.
But what does the new marijuana law mean for businesses and you as the employee?
Local Labor Law Attorney Joseph DeTraglia Esp. of Utica, NY has these answers to the questions that you need to know:
1. Are There Any Protections For Employee Marijuana Use?
Protections for employees generally depend upon which type of use (and who they are employed by). For medical marijuana users, employees are protected under New York State’s Human Rights Law as individuals with disabilities, similar to individuals with cancer or other illnesses, meaning that employers may not discriminate against these individuals and may need to offer reasonable accommodations. Recreational marijuana users receive
Individuals working for staffing agencies;
Contractors and subcontractors;
Individuals transporting people at, to, or from the worksite on behalf of the employer.
Similarly, the definition of worksite under the law is broad, covering any physical space, including a vehicle, that has been designated as the location where work is performed. Presumably, this could cover remote work locations, including those at employees’ residences.
Section 1 requires the state Labor Commissioner, in conjunction with the state Department of Health, to develop model airborne “Infectious Disease Exposure Prevention Standard,” differentiated by industry, for all New York worksites. The requirement that workplace safety standards be prepared by the Labor Commissioner and Department of Health is unusual. New York does not operate under a state safety plan and follows workplace standards established by the federal Occupational Health and Safety Administration (OSHA). The Occupational Safety and Hea
Regular cleaning and disinfecting of shared equipment
Effective social distancing measures
Designation of one or more supervisory employees to enforce compliance with the plan
Compliance with any applicable laws, rules, regulations, standards, or guidance
Verbal review of infectious disease standard, employer policies, and employee rights
All private sector employers must establish an airborne infectious disease exposure prevention plan, either by adopting the model plan published by DOL for their industry or by establishing an alternative plan that equals or exceeds the minimum standards provided by the model plan standard. Additionally, if an employer chooses not to adopt the model plan, it must develop its plan pursuant to an agreement with the relevant union or, if there is no relevant union, with “
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Accessible workplace hand hygiene stations.
Regular cleaning and disinfecting of shared equipment and frequently touched surfaces and all surfaces and washable items in other high-risk areas.
Social distancing for employees, consumers, and customers.
Compliance isolation and quarantine orders.
Engineering controls, such as airflow and exhaust ventilation.
Designation of a supervisory employee to enforce compliance. (“Non-supervisory line employees shall not bear responsibility for overseeing compliance with the requirements of the model policy.”)
Compliance with applicable laws or guidance on notification of potential exposure to airborne infections disease at the worksite.
Verbal review of the infectious disease standard, employer policies, and employee rights under the HERO Act with employees.