New Jersey is a state in the Mid-Atlantic United States, with almost 9 million people. It is the third most populous state in the U.S., after California and Texas, and its capital city is Trenton.
Drug use is a widespread problem in New Jersey, with nearly one-quarter of adults admitting to using illegal drugs at least once. Drug use has a significant impact on the number of cases dealing with driving while intoxicated and drug possession.
About 1,850 people are charged with driving while under the influence of drugs every year in New Jersey, almost twice as many as the national average. However, drug testing law in New Jersey is consistently evolving, and drug testing law in New Jersey is among the most stringent in the country.
New Jersey drug testing law has changed rapidly since the mid-1990s, and lawmakers are considering measures to criminalize drug users in the state further. Let's look at the New Jersey drug testing law here.
Table Of Contents:
- CPS/Child Protective Services Drug Testing Laws In New Jersey
- The Best Hair Follicle Drug Test For CPS In New Jersey
- New Born Drug Testing Laws In New Jersey
- Pre-Employment Drug Testing Laws In New Jersey
- Do Teachers Get Drug Tested In New Jersey?
- Companies And Agencies That Drug Test In New Jersey
- Jobs In New Jersey That Don't Drug Test
- New Jersey Employer Drug Testing Laws
- What Are The Repercussions Of A Person Who Fails A Drug Test On Probation In New Jersey?
CPS/Child Protective Services Drug Testing Laws In New Jersey
Drug testing laws in New Jersey, just like in other states, give child protective services agencies the power to drug test any individual or child who comes into contact with them or who is under their supervision.
The law gives workers in these agencies the authority to order drug testing for illegal substances and prescription medications. Child protective service workers are allowed to order a drug test for the following reasons:
- To determine whether the child needs immediate medical attention
- To identify whether parents and guardians need immediate treatment for substance abuse
- To document incidents of child neglect or abuse in which drugs played a part
- To understand how substance abuse has affected the family's functioning and daily life
However, certain restrictions may apply. For example, the drug testing law in New Jersey does not give CPS agencies the authority to force an individual to undergo drug testing for legal prescription medication such as ADHD drugs.
Before ordering a drug test, CPS worker's activities must include:
- Interviewing the parents or guardians, or caregivers of the individual
- Assessing the likelihood of the parents remaining in a stable relationship with the child
- Reviewing pertinent records, including court and educational records
- Requesting the individual or caregiver to take a drug test
- Notifying the child's doctor and ordering the child to take a drug test as well
- Deciding as to whether any of the individuals involved possess illegal drugs. If drug use is suspected, CPS workers must notify the New Jersey Department of Health and Human Services (DHHS) and request that they immediately "take all appropriate actions to remove the child from the household or subgroup if such removal appears to be necessary."
How Does CPS Drug Test Work In New Jersey?
Since the law does not specify how often an individual must undergo drug testing, it is considered case-by-case. However, there are several specific rules that the New Jersey child protective service must follow when conducting drug tests on a child or an individual under their care:
- A drug test must be conducted in the presence of an adult who is not participating in the drug testing.
- A child cannot be subjected to a drug test during school or other "mandatory school-related activity" such as lunchtime or recess.
- Individuals under 18 years of age cannot be required to submit to a drug test, except when it is used to protect the child's welfare and health.
- All test results must be confidential unless disclosure is required for court proceedings or by order of a child abuse registry worker.
- The drug test must be performed at a laboratory that meets specific requirements and is approved by the DHHS.
Furthermore, in case of a positive drug test result, a child must be removed from the parent or guardian's care and placed in protective custody by the New Jersey Department of Human Services. A child or the individual ordered to undergo drug testing must be tested again in six months.
What Type Of Drug Tests Does CPS Use In New Jersey?
The New Jersey child protective service uses three types of drug tests. They include:
- Hair follicle
The 5-panel urine drug test is widely used because it can detect traces of illegal substances for up to 72 hours after ingestion. However, urine tests do have some limitations.
For example, they are not suitable for testing for alcohol use because it quickly leaves the bloodstream and becomes undetectable in urine. Hair follicle tests are the most accurate type of drug test.
They can detect drugs for a long period, but only if the substance has been ingested in the past three months. Saliva is considered equally effective at detecting illegal drug use as hair follicle testing. However, they have a lower detection rate than urine testing, and they must be used in conjunction with urine testing.
The Best Hair Follicle Drug Test For CPS In New Jersey
The best drug test choice for CPS workers is a hair follicle test. This test is used to detect the use of MMJ, COC, and other illegal substances that are detectable in hair. In the past, drug testing solutions included a urine kit, which combined urine with a preservative solution.
However, this method was replaced by the Hair Follicle Drug Test. The best option for CPS Hair Follicle Drug Test in New Jersey is the Uritox Hair Follicle drug test. It is efficient, affordable, quick, extremely easy to use, and it provides accurate results.
Uritox Hair Follicle Testing Kit is the most popular hair drug test for CPS workers. It helps them quickly identify whether a child or an individual under their care has been using illegal drugs or prescription medication that is not prescribed to them. It provides sample results in less than 15 minutes.
New Born Drug Testing Laws In New Jersey
According to the National Survey of Drug Use and Health 2012, 9.4% of pregnant women between 15 to 44 have used illicit drugs before the survey. Substance abuse during pregnancy is a major public health problem in the United States.
However, in 2013, the court decided that drug use during pregnancy can't be indicated under child abuse laws and that a positive drug test does not establish neglect.
In New Jersey, child abuse laws do not include newborn drug screenings or testing. Hospitals are under no obligation to perform drug testing or newborn drug testing. Whether or not to drug test women suspected of drug abuse is up to each hospital's policy.
While newborn drug test may be ordered if the mother is suspected of drug use or if her baby exhibits withdrawal symptoms after birth, most standard drug tests are carried out utilizing a urine test; clinics that are drug testing moms or infants will utilize blood from the umbilical line or meconium.
Clinical experts are typically ready to detect withdrawal side effects in infants decently fast whether a drug test isn't given. They might even have the option to tell which medication is causing the child's withdrawal side effects. Thus, it is incredibly challenging for pregnant ladies to conceal substance maltreatment from clinical experts.
Pre-Employment Drug Testing Laws In New Jersey
Although a few states have introduced laws that require companies to administer drug tests before hiring a person, New Jersey hasn't passed any such law. The state does have laws that protect potential employees from being fired or denied employment due to a positive drug test result. An employer can require their employees to take a drug test regardless of the job they are applying for and whether they are already hired.
In New Jersey, employers cannot discriminate against employees based on their use or refusal of medications or drugs. However, an employer can terminate a worker if they break the law. Suppose the employee tests positive for illegal drugs while on the job, they should inform their employer immediately. It can help prevent termination from taking place.
Do Teachers Get Drug Tested In New Jersey?
New Jersey law allows teachers and other school employees who directly contact students to get drug tested at hiring. However, it is not clear if many districts follow this policy.
Information on drug testing of teachers or school employees is not widely available. Some districts have implemented a policy to test all new employees, while others do so only following federal law.
The latter refers to when a teacher has a reasonable suspicion that an employee is under the influence of drugs or alcohol. As long as the district follows the law, they can require their teachers and school staff to take a drug test at any particular time.
Companies And Agencies That Drug Test In New Jersey
In New Jersey, like many other states, it is a common practice to perform routine drug testing at a company's workplace. The majority of workplaces in the state test their current employees regularly.
They often do this as part of their health and safety policy or following federal law. The following are some of the top companies that regularly test employees for drugs:
- United Parcel Service: One of the largest logistics companies in the world requires its new employees to undergo drug tests. UPS adopts a zero-tolerance policy towards illegal drugs and alcohol at work. The management strictly enforces this policy.
- Johnson & Johnson: This manufacturing company is one of the largest pharmaceutical companies in the world. It has a strict drug and alcohol-free workplace and random drug testing policy. Employees are tested for alcohol, marijuana, and other illegal drugs.
- Best Buy: The electronics retailer is another drug testing company in the state. It has a zero-tolerance policy for illegal drugs and alcohol at work. All new employees are screened for drugs and alcohol at least once during their first year of employment.
- Walgreens: The drugstore is another company that conducts routine drug testing on employees. All of its workers are subject to random drug tests. A third-party firm implements the policy and not the company itself.
- Shore memorial hospital: The largest hospital in New Jersey also has a strict drug testing policy for all employees. All new employees undergo a drug test before being allowed to perform their duties or start working. Employees are not penalized for failing the drug test.
- Macy's: The department store chain also tests its current employees for drugs and alcohol. These tests are routine and are conducted regularly. Employees who test positive for illegal drugs and alcohol are asked to undergo counseling.
- Pharmacia: One of the largest pharmaceutical companies in the world also has a strict policy. Pharmacia conducts random drug testing at their plant in New Jersey. All new employees are subject to testing, regardless of their position and role in the company.
- Unifirst: The rental services provider has a strict drug and alcohol testing policy. All of its employees must undergo a drug test before the start date. The company also requires random drug tests from its employees regularly.
- MarketSource: Another company in the state that drug tests its employees is MarketSource. This marketing and research services provider has a zero-tolerance policy for illegal drugs and alcohol at the workplace.
- Spirit Airlines: The low-cost airline is another company that drug tests its employees. All prospective employees need to undergo a pre-employment drug screening at hiring.
Jobs In New Jersey That Don't Drug Test
A list of the top jobs that do not require drug tests in New Jersey:
- Airline ticket agents and travel clerks: In New Jersey, airline ticket agents and travel clerks are some of the jobs that don't require drug tests. No law prohibits these employers from requiring their employees to undergo a drug test. However, this practice is not common in these industries.
- Interior designers: Interior designers do not have to face the awkward situation of taking a drug test before hiring. They do not have to take a drug test to fulfill their job.
- Photographers: Photographers are one of the many jobs that don't require drug tests in New Jersey. They do not have to take a drug test before starting work or applying for a job with an employer.
- Mechanical engineers: Another job that does not require drug tests in New Jersey is for mechanical engineers. They do not have to worry about taking a drug test.
- Accountants: Accountants are one of the jobs that do not require drug tests in New Jersey, although this is not common practice. Employers can choose to conduct a drug test to screen their employees, but this is not mandatory.
- Medical transcribers: Drug testing is also not mandatory for medical transcriptionists in New Jersey. They do not have to think about taking a drug test before being hired for the job.
- House cleaners and janitors: House cleaners and janitors do not have to be worried about taking a drug test before starting their work.
- Public relations advisors: Another job in New Jersey that doesn't require drug testing is for public relations advisors. They can choose to ask their clients or customers for a drug test, but this is not mandatory for the employer.
- Tour guides: Tour guides do not have to be worried about taking a drug test before starting the job. Most employers do not require their tour guides to take a drug test at the time of being hired or for any reason during their period of employment.
- Public transportation attendants: Another job that does not require drug testing in New Jersey is for public transportation attendants. Many employers in this field also do not choose to require drug tests from their workers at any given point in time.
New Jersey Employer Drug Testing Laws
There is no statutory regulation of private-sector workplace drug testing. However, there are regulations regarding employers who adopt a drug testing policy. The following are some of the laws that employers should follow in New Jersey:
- The common law privacy right forbids random drug testing of a person in the private sector except for employees in safety-sensitive positions. Employees in other positions can be tested only if the employer reasonably suspects that they are involved in drug or alcohol abuse.
- An employer must implement a testing process that allows as privacy and dignity as possible.
- Close to the start of a testing program, give notice enough to provide adequate advance notice to those who will be tested. Providing the details of the testing procedure should be a part of the notice process, and it should not be left out. In addition, the consequences of failing a test must be explained clearly, along with how the sample will be analyzed and what the employer plans to do with the results.
- An Employer must lead just those tests important to decide the presence of drugs in the urine;
- An employer must cease revealing data gathered from drug testing.
What Are The Repercussions Of A Person Who Fails A Drug Test On Probation In New Jersey?
In New Jersey, a probationary period is usually between six months and one year. If a person on probation fails a drug test and is convicted of the offence, that failure will be considered additional proof of guilt.
If a person who has been convicted of possessing illegal drugs or alcohol fails a drug test again during the probationary period, that person can be jailed for up to six months. It is true even if there was no conviction. However, this jail time will be served intermittently and at the judge's discretion.
In New Jersey, testing positive for drug and alcohol use may not have negative legal consequences. But employers do conduct drug testing in New Jersey by abiding to the privacy and discrimination laws in the state.
Although no such law mandates drug testing of individuals in New Jersey, many employers opt to implement this approach. It helps them screen for drug and alcohol abusers in their workplace.
It also proves to be an effective way of increasing productivity. In addition, it can minimize the risk of accidents caused by people who are under the influence at work.
However, it can have adverse consequences on the person's employment. Employers may terminate the employment of a person who tests positive for drugs and alcohol. Therefore, a person should ensure that they are aware of all the consequences and implications of failing a drug test before they decide to test positive.
What are New Jersey Marijuana laws?
Marijuana possession laws in New Jersey are relatively relaxed. In New Jersey, it is legal to use recreational marijuana for adults age 21 and older. In addition, in New Jersey, no employer is allowed by law to discriminate against a person for using marijuana, regardless of any other drug or alcohol use.
The only exception is for employers to discriminate against marijuana use if it puts the employee in a safety-sensitive position at risk of losing their life. In addition, an employee cannot consume marijuana during work hours