New Jersey has no law regarding workplace drug testing but does have a law allowing education boards to conduct drug testing prior to employment in Title 18A, Chapter 16, Section 18A:16-2 of the New Jersey Code. New Jersey also has a law known as the Drug Dealer Liability Act which does not concern drug testing, but does allow for suits by employers against drug dealers in the workplace. We only cover the introduction to the Act below.  In 2010, the state added legislation which  provides for random drug testing and testing for cause of employees of State psychiatric hospitals, developmental centers, and veterans homes. 

18A:16-2. Physical examinations; drug testing; requirements

a. Every board of education may require its employees and shall require any candidate for employment who has received a conditional offer of employment to undergo a physical examination. The board may require individual psychiatric or physical examinations of any employee, whenever, in the judgment of the board, an employee shows evidence of deviation from normal, physical or mental health. Any such examination may, if the board so requires, include laboratory tests or fluoroscopic or X-ray procedures for the obtaining of additional diagnostic data. Nothing in this section shall be so construed as to affect screening for tuberculosis or fitness examinations for bus drivers as required pursuant to statute, rule or regulation.
b. A board of education may include testing for usage of controlled dangerous substances as they are defined in N.J.S.2C:35-2 as part of any physical examination which is required of a candidate for employment who has received a conditional offer of employment. Any testing shall be conducted by a physician or institution designated by the board of education and the costs shall be paid by the board. The Department of Education, in consultation with the Department of Health, shall develop guidelines for school boards which elect to require the testing.

Drug Dealer Liability Act.

2C:35B-2. Purpose

2. The Legislature finds and declares:

a. Although the criminal justice system is an important weapon in the battle against controlled dangerous substances, the civil justice system can and must also be used. The civil justice system can provide an avenue of compensation for those who have suffered harm as a result of the marketing and distribution of controlled dangerous substances. The persons who have joined the marketing of controlled dangerous substances should bear the cost of the harm caused by that market in the community.

b. The threat of liability under this act serves as an additional deterrent to a recognizable segment of the network for marketing controlled dangerous substances. Because of this threat, a person who has assets unrelated to the sale of controlled dangerous substances, who markets controlled dangerous substances at the workplace, who encourages friends to become users, is likely to decide that the added cost of entering the market is not worth the benefit. This is particularly true for a first-time, casual dealer who has not yet made substantial profits.

c. This act is intended to provide a mechanism whereby the costs of the injuries caused by illegal drug use will be borne by those who benefit from illegal drug dealing.

d. This act imposes liability against all participants in the marketing of controlled dangerous substances, including small dealers, particularly those in the workplace, who are not usually the focus of criminal investigations. Small dealers increase the number of users and ultimately are the people who become large dealers. It is these small dealers who are most likely to be deterred by the threat of liability.

Random drug testing and testing for cause of employees of State psychiatric hospitals, developmental centers, and veterans homes. 

1.    a.  As a condition of employment as a direct care staff member at a State psychiatric hospital or developmental center listed in R.S.30:1-7, an applicant for employment shall consent to and undergo drug testing for controlled dangerous substances as provided in subsection f. of this section.  The drug testing shall be at the expense of the applicant.

     If a person applying for employment at a State psychiatric hospital or developmental center on or after the effective date of this act tests positive for the unlawful use of any controlled dangerous substance, or refuses to submit to drug testing, the person shall be removed from consideration for employment.

     b. A person who is employed at a State psychiatric hospital or developmental center as a direct care staff member shall be subject to random drug testing for controlled dangerous substances performed at such intervals as the Commissioner of Human Services deems appropriate.  The commissioner shall annually perform random drug tests on 500 direct care staff members.

      c. A person who is employed at a State psychiatric hospital or developmental center as a direct care staff member may be required to undergo drug testing for controlled dangerous substances if the employee’s immediate supervisor has reasonable suspicion to believe that the employee is illegally using a controlled dangerous substance, based on the employee’s visible impairment or professional misconduct which relates adversely to patient care or safety. The supervisor shall report this information to his immediate supervisor in a form and manner specified by the commissioner, and if the supervisor concurs that there is reasonable suspicion to believe that an employee is illegally using a controlled dangerous substance, that supervisor shall notify the chief executive officer of the State psychiatric hospital or developmental center, as applicable, or other executive level officer of the hospital or developmental center designated by the commissioner, and request approval in writing for ordering the employee to undergo drug testing.  Drug testing of an employee shall not be ordered without the written approval of the chief executive officer or other executive level officer designated by the commissioner.

     d.  An employee who tests positive for the unlawful use of any controlled dangerous substance may be referred to employee advisory services, or terminated from employment, as applicable, based on the employee’s job title.  An employee who refuses to submit to drug testing shall be terminated from employment.  In all cases, however, the employee shall retain any available right of review by the Civil Service Commission.

     e.      The drug testing required pursuant to subsections b. and c.of this section shall be at the expense of the Department of Human Services.

     f.      Drug testing shall be performed by an outside drug testing facility in a manner prescribed by the commissioner.

    g.    The commissioner shall notify all affected employees of State psychiatric hospitals and developmental centers of the provisions of this section.

     h.  As used in this section, “direct care staff member” means a: Human Services Technician; Human Services Assistant; physician; psychiatrist; dentist; psychologist; nurse; nurse assistant; physical, occupational, or speech therapist; social worker; and any other staff member employed by a State psychiatric hospital or developmental center who provides direct care to a patient or resident at the facility, as determined by the commissioner.

     i.      Pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall adopt rules and regulations necessary to effectuate the purposes of this act, including, but not limited to, those rules and regulations necessary to ensure the confidentiality of the person undergoing drug testing, and that drug test results are not reported to law enforcement authorities.

 

     2.    a.  As a condition of employment as a direct care staff member at a New Jersey veterans memorial home, an applicant for employment shall consent to and undergo drug testing for controlled dangerous substances as provided in subsection f. of this section.  The drug testing shall be at the expense of the applicant.

     If a person applying for employment at a New Jersey veterans memorial home on or after the effective date of this act tests positive for the unlawful use of any controlled dangerous substance, or refuses to submit to drug testing, the person shall be removed from consideration for employment.

     b.    A person who is employed at a New Jersey veterans memorial home as a direct care staff member shall be subject to random drug testing for controlled dangerous substances performed at such intervals as the Adjutant General deems appropriate.  The Adjutant General shall annually perform random drug tests on 100 direct care staff members.

     c.  A person who is employed at a New Jersey veterans memorial  home as a direct care staff member may be required to undergo drug testing for controlled dangerous substances if the employee’s immediate supervisor has reasonable suspicion to believe that the employee is illegally using a controlled dangerous substance, based on the employee’s visible impairment or professional misconduct which relates adversely to patient care or safety. The supervisor shall report this information to his immediate supervisor in a form and manner specified by the Adjutant General, and if the supervisor concurs that there is reasonable suspicion to believe that an employee is illegally using a controlled dangerous substance, that supervisor shall notify the chief executive officer of the New Jersey veterans memorial home, or other executive level officer of the veterans memorial home designated by the Adjutant General, and request approval in writing for ordering the employee to undergo drug testing.  Drug testing of an employee shall not be ordered without the written approval of the chief executive officer or other executive level officer designated by the Adjutant General.

     d.    An employee who tests positive for the unlawful use of any controlled dangerous substance may be referred to employee advisory services, or terminated from employment, as applicable, based on the employee’s job title.  An employee who refuses to submit to drug testing shall be terminated from employment.  In all cases, however, the employee shall retain any available right of review by the  Civil Service Commission.

      e.     The drug testing required pursuant to subsections b. and c. of this section shall be at the expense of the Department of Military and Veterans’ Affairs.

     f. Drug testing shall be performed by an outside drug testing facility in a manner prescribed by the Adjutant General.

      g.  The Adjutant General shall notify all  affected employees of New Jersey veterans memorial  homes of the provisions of this section.

     h.  As used in this section, “direct care staff member” means a: Human Services Technician; Human Services Assistant; physician; psychiatrist; dentist; psychologist; nurse; nurse assistant; physical, occupational, or speech therapist; social worker; and any other staff member employed by a veterans memorial home who provides direct care to a resident at the facility, as determined by the Adjutant General.

     i.      Pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the Adjutant General shall adopt rules and regulations necessary to effectuate the purposes of this act, including, but not limited to, those rules and regulations necessary to ensure the confidentiality of the person undergoing drug testing, and that drug test results are not reported to law enforcement authorities.