Workplace drug testing issues – State Laws – New Jersey
These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Instant or POCT Testing
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.
SAMHSA certification recommended
Medical Review Officer
Safety sensitive employees when a legitimate business necessity exists.
Drug testing policies should limit post-incident testing to situations in which there is reasonable suspicion of employee drug or alcohol use.
Document reasonable suspicion
Must have a DFW policy
Workers Comp Discount
The defense of willful misconduct or negligence.
Senate Bill 119 (48-14 H; 25-13 S), no requirement for an employer to accommodate the medical use of marijuana in any workplace
Report Driver DOT Positives
The rules in New Jersey do not derive from a statute specifically directed at limiting workplace drug testing. No such statute exists in New Jersey. Instead New Jersey rules stem from related court decisions.
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
Click on the map below to view laws for that state.