Employers have the right to maintain a drug free workplace consistent with the requirements of N.J.S.A. 24:6I-52; and
Employers may require an employee to undergo a drug test upon reasonable suspicion of an employee’s usage of cannabis or cannabis products while engaged in the performance of the employee’s work responsibilities, or upon finding any observable signs of impairment related to usage of cannabis or cannabis products, or as part of a random drug test program, or following a work-related accident subject to investigation by the employer.
Designate an interim staff member to assist with making determinations of suspected cannabis use during an employee’s prescribed work hours. This employee:
Should be sufficiently trained to determine impairment and qualified to complete the Reasonable Suspicion Observation Report; and
May be a third-party contractor.
the employee’s manager or supervisor or an employee at the manager or supervisor level; and
an interim staff member that has been designated to assist with determining whether an employee is reasonably suspected of being impaired during an employee’s prescribed work hours, or a second manager or supervisor.
Lisa Smith, SPHR, SCP
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