N.Y. Comp. Codes R. & Regs. tit. 9 § 125.5

Current through Register Vol. 46, No. 35, August 28, 2024

Section 125.5 - Responsible Workforce Training

(a) Licensees shall provide all managers, employees, contractors, volunteers, or persons otherwise performing activities under a licensee's authorizations, within thirty (30) days of starting to perform licensed activities and at no cost to the recipient, a Responsible Workforce Training, which shall consist of required elements and be made available in English and the primary language of all recipients.

(b) Licensees shall provide an abbreviated version of this training to employees planned to be performing activities under a licensee's authorizations for fewer than 30 days, as appropriate. The Office shall issue determinations pertaining to the appropriate abbreviation of Responsible Workforce Training for such individuals.

(c) The Responsible Workforce Training shall include:

(1) a Cannabis Product Safety and Responsibility course as determined by the Office;

(2) a Cannabis Workforce Responsibility course as determined by the Office;

(3) implicit bias training or cultural competency training that lasts at least one (1) hour; and

(4) at least two (2) hours of other training intended to assist employees in conducting the license's licensed activities in a manner which protects employee and public safety.

(d) Trainings shall happen during the employee's work hours and the licensee shall pay the employee their usual rate of pay while completing any required training.

(e) Licensees shall provide the written operating procedures and employee handbook from the licensee's operations plan to employees during Responsible Workforce Training. The written operating procedures and employee handbook shall be made available at the licensed premises to employees at all times.

(f) Licensees shall:

(1) provide adequate supervision of staff, including trainees, by persons familiar with standard operating procedures for the relevant roles and activities;

(2) ensure all staff have demonstrated capability in the activities for which they are responsible;

(3) ensure all staff are fully trained on all standard operating procedures, including, but not limited to, security and emergency procedures and any procedures related to employee and public health and safety; and

(4) have policies and procedures for identifying training needs on an annual basis and providing ongoing training of personnel, for a minimum of four (4) hours per year, to each fulltime employee.

(g) Licensees shall use only the specific Cannabis Product Safety and Responsibility course and Cannabis Workplace Responsibility course designated by the Office in Responsible Workforce Training and shall provide such licensee's own training or contract with third parties for training, pursuant to section 124.3 of this Title, to meet other training requirements in this Title.

(h) all trainings required to be provided by licensees to all managers, employees, volunteers, or persons otherwise performing activities under a licensee's authorizations, under this section or otherwise by the Office, shall be free of charge to the recipient.

(i) Training Verification.

(1) Licensees shall demonstrate completion of Responsible Workforce Training by each required person.

(2) Licensees shall keep records and shall make such records available upon request by the Office, as it relates to training, containing the following information, including, but not limited to:

(i) trainee's name;

(ii) trainee's first date of performing licensed activities; and

(iii) the name and description of all trainings satisfactorily completed by trainee; and

(iv) Copies of any certificates associated with the trainee's completion of the Cannabis Product Safety and Responsibility course and Cannabis Workplace Responsibility course and a page for signed and dated documentation demonstrating each employee's attestation of completion of all Responsible Workforce Training modules.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 125.5

Adopted New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 9/27/2023