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New Jersey State Laws

Workplace Drug Testing Issues – New Jersey State Laws

These categories do not effect 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 only 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. Mar. 27, 2019).

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.
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.

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 establish. The same standard applies to alcohol intoxication and/or 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 development or edit of your actual substance abuse testing program and with any questions that follow.

State Law New Jersey