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Drugs, Alcohol and Smoking: New York

Drugs, Alcohol and Smoking requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: XpertHR Editorial Team


  • New York employers may prohibit illegal drug and alcohol use in the workplace as long as an employer's actions are permissible under an established substance abuse or alcohol program or policy, contract or collective bargaining agreement. See Drugs and Alcohol.
  • New York employers may prohibit cannabis (marijuana) use in the workplace even though medical and recreational use is legal in the state. See Cannabis.
  • Employers may implement and enforce policies that prohibit the use, sale, possession, distribution, purchase and cultivation of drugs and alcohol in the workplace. See Drug and Alcohol Policies.
  • New York employers may test employees for illegal drug and alcohol use and establish their own testing policies. See Drug and Alcohol Testing.
  • The New York State Clean Indoor Air Act prohibits smoking and vaping in indoor areas, including places of employment and public places.  See Smoking.
  • Employers are required to post "No Smoking" signs. See Postings.
  • Employers are not required to have a smoking policy, but may implement one that prohibits smoking, including the use of e-cigarettes, in the workplace. See Smoking Policies.
  • New York City has requirements pertaining to drug testing, smoking and disability discrimination protections based on alcohol and drug use. See Local Requirements.