Order a Drug Test in New Jersey

Pre-Employment Drug Testing

New Jersey Department of Labor guidance states that prospective employees may be required to take drug tests. Employers should disclose the requirement, apply it consistently to similarly situated applicants, and avoid charging applicants for testing except where a specific law allows it.

• Use a written applicant-testing policy.
• Apply the policy consistently to similarly situated applicants.
• Use documented collection, laboratory, confirmation, and review procedures.
• Handle cannabis results under New Jersey’s CREAMM and medical-cannabis rules.
• Keep DOT and non-DOT testing separate.

State source: New Jersey Department of Labor and Workforce Development — Employer FAQs

Current-Employee Testing

New Jersey does not have one comprehensive private-sector statute governing every current-employee drug test. Employers should consider employee privacy, the safety sensitivity of the position, the testing reason, cannabis-specific protections, and any collective-bargaining or federal requirements.

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Written Policy and Privacy Matter

New Jersey employers should use a clear written policy covering covered positions, substances, testing reasons, selection methods, notice, collection, laboratory confirmation, review, confidentiality, refusals, retesting, and consequences.

The New Jersey Supreme Court’s decision in Hennessey v. Coastal Eagle Point Oil Co. reflects the state’s employee-privacy balancing approach. Random testing was upheld in that case for a safety-sensitive refinery position; the decision does not make random testing unrestricted for every job.

Random, Reasonable-Suspicion, and Post-Accident Testing

Testing decisions should be tied to a legitimate employer or safety interest. For cannabis, CREAMM expressly permits testing in several circumstances, including reasonable suspicion, observable signs of intoxication, post-accident investigation, random testing, pre-employment screening, and regular screening, subject to the Act’s employment protections.

State guidance: New Jersey Cannabis Regulatory Commission — Workplace & DUI Laws

Positive THC Result Alone Is Not Enough

N.J.S.A. 24:6I-52 generally prohibits adverse employment action solely because cannabinoid metabolites are present in an employee’s bodily fluid from conduct permitted by the CREAMM Act. New Jersey’s interim workplace-impairment guidance recommends combining a drug test with evidence-based documentation of observed behavior, physical signs, or other evidence of impairment.

State guidance: NJ-CRC Workplace Impairment Guidance

Federal and Industry Rules Still Apply

Federal testing requirements, safety regulations, federal contracts, collective-bargaining obligations, and industry-specific rules can impose additional or different requirements. DOT-regulated testing remains governed by federal law.

CREAMM Employment Protection

The CREAMM Act generally bars an employer from refusing to hire, discharging, or otherwise taking adverse action because a person lawfully uses cannabis. An employee also generally may not face adverse action solely because cannabinoid metabolites are detected from conduct permitted by the Act.

State source: NJ Cannabis Regulatory Commission — Workplace & DUI Laws

Impairment Documentation

A positive cannabinoid result alone does not establish present impairment. NJ-CRC guidance recommends evidence-based documentation of observed behavior and physical signs and allows employers to pair that documentation with drug testing when evaluating suspected workplace impairment.

Medical-Cannabis Procedures

New Jersey’s medical-cannabis law includes employment protections and a process for an applicant or employee who tests positive for cannabis to provide a legitimate medical explanation or request a confirmatory retest in applicable circumstances. Employers should review N.J.S.A. 24:6I-6.1 before acting on a cannabis result involving a registered patient.

State source: NJ-CRC — Medicinal Cannabis Patient FAQs

Federal Testing Is Separate

New Jersey cannabis protections do not replace federal DOT testing requirements or other controlling federal obligations. DOT-covered employers and employees must follow the applicable federal testing program.

DOT Rules Are Separate from Non-DOT Testing

A personal or employer non-DOT drug test should not be substituted for a test required under DOT regulations. DOT programs have specific requirements for test reasons, forms, collection procedures, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes. For additional DTC guidance, see FMCSA resources, DOT regulations, and DOT drug testing.

Federal source: U.S. Department of Transportation — 49 CFR Part 40

Examples of DOT-Regulated Industries

• Commercial motor carriers regulated by FMCSA.
• Aviation employers regulated by FAA.
• Railroad employers regulated by FRA.
• Public transit employers regulated by FTA.
• Pipeline operators regulated by PHMSA.
• Other covered transportation operations under federal rules.