Marijuana Provisions for NJ Employers
NJ Employers – Rules and Regulations regarding Employee Marijuana Use
Employers wondering what the rules and regulations are for employees that use cannabis products has been answered by the New Jersey Cannabis Regulatory Commission. The latest provision passed by the Commission focuses on what employers can do to keep their workplaces drug-free.
The rule states, “No employer shall take any adverse action against any employee … because that person does or does not smoke, vape, aerosolize or otherwise use cannabis items, and an employee shall not be subject to any adverse action by an employer solely due to the presence of cannabinoid metabolites in the employee's bodily fluid".
Employers can prohibit employees from using or possessing marijuana in the workplace. Employers cannot take action against an employee based solely on the results of a drug test, but employers can act if an employee comes to work impaired.
A determination of impairment requires an employer to get the opinion of a Certified Workplace Impairment Recognition Expert (WIRE), and a valid test.
The Commission is still working to develop the standards for a WIRE certification.
As employers cannot take action against an employee based solely on a drug test, employers should proceed cautiously in their use of drug-testing policies in the state and are advised to reach out to legal counsel for guidance.
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