New York has enacted legislation (Assembly Bill 712) that will require motor carriers to conduct pre-employment and random drug and alcohol testing on certain drivers. Assembly Bill 712 takes effect Feb. 3, 2021.
Assembly Bill 712:
Effective February 3, 2020, motor carriers in the state of New York must abide by more stringent pre-employment and random drug and alcohol testing of their for-hire drivers. All for-hire drivers who operate for-hire vehicles for nine or more passengers, including the driver, will be subject to pre-employment and random drug and alcohol testing in accordance with federal regulations.
Covered Employers:
Motor-carriers are defined as any person, firm, corporation, association, or entity which directs one or more drivers of for-hire vehicles, which can seat nine or more riders, including the driver, and is in the business of transporting passengers for compensation.
Additional Requirements:
For-hire drivers cannot possess, consume, or be under the influence of alcohol or any controlled substance while on duty, within eight hours before going on duty, while on duty, or while operating, or in physical control of a for-hire vehicle.
Beginning no later than August 3, 2021, motor-carriers must submit an affidavit to the Commissioner of Motor Vehicles on an annual basis to attest compliance with the law. Motor carriers may be subject to fines and suspension until they submit this affidavit.
Compliance Recommendations:
New York employers should ensure they comply with the pre-employment and random drug and alcohol testing requirements by February 3, 2021. They should also ensure compliance with the law's affidavit requirements no later than August 3, 2021. Please contact your dedicated service professional with any questions.