Workplace Drug Testing Laws in New Jersey
New Jersey has no workplace drug testing laws to restrict or regulate drug testing. Employers in New Jersey must become familiar with state and federal laws regarding drug testing legislation to avoid discrimination and invasion of privacy of employees.
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New Jersey Drug Testing Compliance
New Jersey Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing | The issue of POCT testing is not addressed in New Jersey drug testing legislation. |
| Specimens Tested | Employment drug screening laws in New Jersey do not specify specimens that can be tested. |
| Substances Screened | The substances that employers can have their workers screened for are not specified in New Jersey's workplace drug testing laws. |
| Laboratories | New Jersey employee drug testing laws do not specify whether drug testing laboratories must be certified. |
| Testing for Alcohol | Testing for alcohol is not specified under state employment drug screening laws. |
Conditional New Jersey Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana |
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With recreational marijuana legal in New Jersey, employers can not refuse to hire, terminate, or discipline an employee because of a positive drug test alone.
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Employers are still able to enforce drug-free workplace policies and prohibit intoxication and the use of marijuana while at work.
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Employers can test an employee for marijuana if they have reasonable suspicion the employee is using marijuana at work, the employee is showing signs of being impaired at work, or following an accident in the workplace.
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Testing for marijuana requires blood, urine, or saliva testing only, along with a physical evaluation to determine if the employee is impaired at work.
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| Medical Marijuana |
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Drug testing legislation in New Jersey prohibits employers from disciplining or terminating medical marijuana users.
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Employers may accommodate employees that use marijuana for medical purposes outside of the workplace.
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| Random Testing |
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Random drug testing is permitted for safety-sensitive positions.
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Employers in New Jersey may require random drug tests for marijuana only, for pre-employment screening or to determine if they are using the substance during work hours.
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Adverse employment action may not be taken on employees for positive marijuana tests without the physical examination showing impairment on the job.
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| Workers Comp |
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There are no workers comp premium discounts.
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Employees are not entitled to workers' comp benefits if intoxication was the cause of the incident.
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Employers in New Jersey need to prove that intoxication caused the accident or injury. This cannot be done with drug testing alone. Employers should document everything, including signs of impairment and statements from witnesses.
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New Jersey Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing | Instant or POCT Testing is restricted. An April 2017 memo exempts facilities that perform only POCT from laboratory licensing requirements, but these facilities must meet other requirements. |
Other Services We Provide in New Jersey
If you're looking for drug testing information related to a specific city in the state of New Jersey, try taking a look at our New Jersey clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer New Jersey Background Checks. For more information, visit our New Jersey background check page.
Frequently Asked Questions
What does New Jersey drug test for?
There are no workplace drug testing laws in New Jersey to regulate drug testing. Employee drug testing laws, however, do allow for random drug testing of marijuana. In order for employees to be disciplined for a positive marijuana test, they must also show signs of intoxication on the job by being physically examined.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.