Workplace Drug Testing Issues – New Jersey State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
New Jersey employers should only conduct post-accident drug testing when they believe the individual caused or contributed to the accident.
March 2019 – a disabled employee may sue his former employer under the New Jersey Law Against Discrimination (“NJLAD”) for alleged discrimination based on the employee’s use of medical marijuana. Wild v. Carriage Funeral Holdings, Inc., et al., Docket No. A-3072-17T3 (N.J. App. Div. March 27, 2019).
February 2021 – Legislation signed into law on February 22, 2021 – Marijuana is now legal in New Jersey
Workplace Drug Testing Laws in New Jersey
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | Restricted | Testing location may need to be licensed through the state as a laboratory. Both Quest Diagnostics and LabCorp perform instant testing at their drug testing centers. |
| Drug Panels | No restrictions | |
| Laboratory | Licensing required | SAMHSA certification recommended |
| Medical Review Officer | Not required | Highly recommended |
| Random Testing | Restricted | Safety-sensitive employees when a legitimate business necessity exists. |
Based on case law, a comprehensive written drug-free workplace policy is critically important.
Intoxication Defense – Denial of Workers Compensation Claim – The proof necessary to establish that the intoxication is the sole and proximate cause of the injury makes the defense extremely somewhat hard to prove. The same standard applies to alcohol intoxication and illegal drug use. What is important is that everything is documented, including witness statements.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.