Based on case law, a comprehensive written drug free workplace policy is critically important.
Intoxication Defense – Denial of Workers Compensation Claim – See New Jersey Workers Compensation Law regarding willful negligence. The proof necessary to establish that the intoxication is the sole and proximate cause of the injury makes the defense extremely somewhat hard to establish. The same standard applies to alcohol intoxication and/or illegal drug use. What is important is that everything be 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 varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
State Law New Jersey