New Jersey Employee Drug Testing Memo

State:
Multi-State
Control #:
US-528EM
Format:
Word
Instant download

Description

This Employment & Human Resources form covers the needs of employers of all sizes.

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FAQ

Although many states have passed laws regulating or restricting an employer's right to require drug testing, New Jersey has not.

Why employers should not drug test? Drug-testing in the workplace can only usually be justified for health and safety reasons. This means that an employer should not drug test unless there is good reason to do so, and it provides significantly better evidence of impairment than other less intrusive means.

Yes, but what can be done about it remains uncertain. NJCREAMMA permits employers to require drug tests if the employer: has a reasonable suspicion of an employee's usage of a cannabis item while engaged in the performance of the employee's work responsibilities; or.

Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.

Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.

Under the new law, employers can still conduct random and pre-employment drug tests for weed use and can still ban marijuana use at work. They cannot fire, discipline or refuse to hire someone solely because the result is positive.

So, if you suspect an employee is using or abusing drugs or alcohol, you can act in accordance with your workplace drug and alcohol policy. It is perfectly legal to request that your employee undergo a drug or alcohol test as long as the parameters are clear in your policy.

Although many states have passed laws regulating or restricting an employer's right to require drug testing, New Jersey has not. New Jersey legislation does not address drug testing in private employment. The Supreme Court of New Jersey has ruled on drug testing in private employment.

New Jersey law does not specify a state agency charged with enforcement of drug testing laws because there are no state laws regulating drug testing. Employees and job applicants generally file challenges to employment-related drug testing in state or federal court.

Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.

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New Jersey Employee Drug Testing Memo