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New Jersey - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

Workplace Drug Testing Laws in New Jersey

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.

Post-Accident

Limited

Drug testing policies should limit post-incident testing to situations in which there is reasonable suspicion of employee drug or alcohol use.

Reasonable Suspicion

Permitted

Document reasonable suspicion

Oral Fluids

No restrictions

Hair Testing

No restrictions

Unemployment Denial

Yes

Must have a DFW policy

Workers Comp Discount

No

Intoxication Defense

Yes

The defense of willful misconduct or negligence.

Medical Marijuana

Yes

Senate Bill 119 (48-14 H; 25-13 S), no requirement for an employer to accommodate the medical use of marijuana in any workplace

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

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.