There are no statutes regarding New Jersey employment drug tests, which means employers have few restrictions to adhere to where employee/applicant drug tests are concerned. However, in the case of Hennessey v. Coastal Eagle Point Oil, the court found that employment drug testing made without reasonable suspicion of drug-use is unconstitutional. Therefore, except in the application of a generalized drug testing policy, the employee must provoke justified suspicion of drug-use (such as on-site visible inebriation) in order to justify mandated testing.
Laws – New Jersey has no statute regulating private employment drug testing. However, in accordance with §10:61-1.1, certified laboratory testing is required for employment drug testing.
Can Current Employees Be Tested? Yes; as long as there is reasonable suspicion or justification for conducting a drug test.
Is Certified Testing Required? Yes.
What can be Tested? Not specified.
How To Conduct a Legal Drug Test
Step 1 – Although it is not required, the employee can be required to sign a Drug Test Release Form in order for their employer to obtain formal authorization before conducting a test.
Step 2 – The employer must obtain a physical sample from the employee. There are no restrictions on what type of sample is taken, therefore employers should consult the testing lab to see what type of samples they use for which tests.
Step 3 – Once a sample has been taken, it must be sent to a certified lab for testing.
Step 4 – If an employee tests positive for illegal drug use, the employer may enact whichever legal disciplinary actions they feel necessary, including dismissal.