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How New Pre-Employment Marijuana Drug Test Laws Will Impact Your Screening Program

June 25 2019

Laws governing marijuana use are changing rapidly, and InfoMart is here to keep you up to date on the latest legislation. Following closely on the heels of a similar law in New York City, effective January 1, 2020, it will be unlawful for Nevada employers to reject a job applicant who tests positive for cannabis on a preemployment drug test.

About the Laws

Assembly Bill 132 makes it unlawful for any Nevada employer to fail or refuse to hire a prospective employee because the applicant submitted to a drug test and the results of the test revealed the presence of cannabis. New York City’s law is similar and does not allow employers to take adverse action based on a positive result for cannabis.

There are, of course, exceptions to both bills:

Nevada (AB132)

  • Applicants for the following positions can still be tested for cannabis use:
    • Emergency responders, such as firefighters and EMTs
    • Commercial drivers
    • Any position that could adversely affect the safety of others

New York City (Int 1445-2019)

  • Applicants for the following positions can still be tested for cannabis use:
    • Police officers and other emergency responders
    • Construction workers
    • Commercial drivers
    • Teachers, teachers’ aides, or daycare employees
    • Any position that requires providing care in a medical, nursing home, or group care facility
    • Any job that has the potential to significantly impact the health or safety of employees or members of the public

What Employers Should Do

Employers should review their drug screening policies and make any necessary updates prior to January 1, 2020. We always recommend reaching out to your legal counsel before making any changes to your employment or screening practices.

How InfoMart Will Keep You Compliant

As your dedicated partner in drug testing and background screening, InfoMart will assist employers in keeping compliant with this regulations and others as they become law. InfoMart can suppress marijuana test results for those candidates whose screening is affected. If your drug testing policy will be impacted by either the Nevada or New York City law, reach out to your dedicated InfoMart customer service representative to discuss the upcoming changes to your screening program.

About InfoMart

InfoMart has been revolutionizing the global background and identity screening industry for over 29 years, providing businesses the information they need to make informed hiring decisions. They develop innovative technology that modernizes talent onboarding, including a first-to-market biometric identity authentication application and a verified sanctions search. The WBENC-certified company is a founding member of the National Association of Professional Background Screeners, and they have achieved NAPBS accreditation in recognition of their consistent business practices and commitment to compliance with the FCRA. The company is dedicated to customer service, speed, and accuracy, and it has been recognized for its success, workplace culture, and corporate citizenship with over 40 industry awards. To Get the Whole Story on InfoMart, please visit www.infomart-usa.com, follow @InfoMartUSA, or call (770) 984-2727.

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