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Drug-Free Workplace Policy and Program Template

New Jersey Drug Testing Laws and Regulations

State: New Jersey
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Important Bulletpoints:
  • Every board of education in the State of New Jersey may require its employees and shall require any applicant awarded with a conditional offer of employment to undergo physical examination which includes testing for the use of controlled dangerous substances. Such tests shall be performed by a physician or laboratory designated by the Board with the costs of the tests shouldered by the Board.
  • The law demands that the cost of any medical examination required by the employer as a condition of entering or continuing employment be paid or reimbursed by the employer and in no way shall be deducted from the employee’s wages.
  • Any action of defrauding the administration of a drug test or producing a false or misleading result for a test for controlled substances constitutes a criminal act in New Jersey.
  • A State Supreme Court decision allows for random drug testing but limited only to safety-sensitive occupations.
  • Workers’ compensation and unemployment benefits may be denied of an employee due to willful negligence which includes intoxication or unlawful use of controlled dangerous substances.
  • New Jersey Drug Testing Law:

    There are no legislative regulations for the private sector to prohibit or permit potential and current employees to undergo New Jersey drug testing. However, a broad New Jersey drug testing law follows the general guidelines and court rulings of the Federal government. What is this? The provision indicates that drug testing in any New Jersey workplace is allowable if there are reasonable indications that a prospective employee or employee has drug abuse problems.

    Under the New Jersey drug testing law, every NJ board of education has the right to demand its prospective employees and current employees to undergo specified physical and psychiatric examinations including drug testing. Operators of public transportation or commercial motor vehicles are required to undergo drug testing in New Jersey.

    New Jersey drug testing law indicates that the collection of specimen be done in a private and dignified way. In this connection, the U.S Department of Transportation has issued out guidelines for urine testing. It is required that only approved DOT-laboratories be used for drug testing in New Jersey. Note that the urine sample could only be tested for drugs and not for any other conditions and diseases. The results of a New Jersey drug test is private and may only be disclosed under certain provisions.

    Random New Jersey Drug Testing:

    The New Jersey Supreme Court allows every NJ-based employer to require random drug testing for alcohol, prohibited and prescription drug for work that is safety-sensitive. This basically relates to hazardous jobs and work where safety could be an issue. Examples are public transportation drivers, fork-lift operators and commercial drivers. The issue with random New Jersey drug testing is qualifying what “random”, “reasonable suspicion” and “for cause” constitute. In some instances the Supreme Court of New Jersey held that random New Jersey drug testing is deemed an invasion of privacy on the part of the employee. Generally, the court weighs the question of the employee’s privacy against the employer’s need in the case of random drug testing in the workplace.

    New Jersey Discrimination Law:

    The NJLAD (New Jersey Law Against Discrimination) points out to the exclusion of discrimination against persons who are handicapped. Under the NJLAD, alcoholism is a handicap but drug abuse is not. However, rehabilitated drug addicts are in effect considered handicapped. However, this does not mean that NJLAD protects employees whose substance abuse impairs their work. Unemployment benefits and workers’ compensation insurance may be withheld when the concerned employee’s negligence is due to substance abuse.

    Medical Marijuana Law: N.J.S.A. 24:61 The New Jersey Medical Marijuana Law was signed into law in January of 2010. the Department of Health and Senior Services has established a process to register qualified patients, caregivers, and alternative treatment centers and has begun to approve alternative treatment centers.
    Applicability: Law applies to physicians, primary caregivers, and those authorized to produce Marijuana for medical purposes.
    Quantity Allowed: 90-day supply of usable Marijuana.
    How Obtained: New type of pharmacy called alternative treatment centers
    Liability Protections: Protection from arrest, prosecution, property forfeiture, and criminal and other penalties for patients, physicians, primary caregivers, and those who are authorized to produce Medical Marijuana for medical purposes.
    Statutory Requirements for Authorized Use: Registry Identification cards will be issued by the Department of Health and Human Services which will identify a person as a registered qualifying patient or a primary caregiver.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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