New Jersey issues new guidelines to protect workers who use cannabis

Through Johanna Skopl

The New Jersey Cannabis Regulatory Commission (NJ-CRC) approved new guidance for “employers who state that they cannot be penalized solely on the basis of positive drug tests for cannabis metabolites.”

These are interim guidelines that will go into effect when the commission “formulates and approves standards” for Workplace Impairment Recognition Expert (WIRE) certifications, Marijuana Moment reported.

“Although the accuracy of testing is increasing, there is no perfect test for detecting current cannabis impairment,” wrote Jeff Brown, executive director of the NJ-CRC, in the new guide.

“Therefore, it is good practice for employers to establish evidence-based protocols to document observed behavior and physical signs of impairment to develop reasonable suspicion, and then conduct a drug test to check if a person has used an impairing substance recently has or has not consumed history.”

RELATED: Workplace drug testing is a thing of the past, study finds

In addition, NJ-CRC provided a sample form for employers to reference or adopt if they suspect an employee is intoxicated on duty. It lists a number of “physical signs” and “behavioural indicators” of impairment and asks them to fill in the relevant information if they intend to submit a substantiated SAR.

“A scientifically reliable objective test method that alone indicates the presence of cannabinoid metabolites in the employee’s bodily fluid is not sufficient to support an adverse employment action,” the workplace policy continues. “However, such a test, combined with evidence-based documentation of physical signs or other indicators of impairment during an employee’s prescribed work hours, may be sufficient to support an adverse employment response.”

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“In incorporating these guidelines, employers should ensure that all state and federal labor laws are being followed,” New Jersey’s marijuana regulators said.

In addition, Brown said that “it is possible to strike a balance between job safety and job performance and adult workers’ rights to privacy and recreational cannabis use. We did that with alcohol without even thinking.”

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Cannabis regulations in the workplace in other states

Recently, the DC Office of Employee Appeals (OEA) ruled in favor of a government employee and medical marijuana patient (MMJ) who was fired after being suspected of workplace poisoning and who subsequently tested positive for marijuana in late 2020.

In July, Washington, DC Mayor Muriel Bowser signed legislation protecting employees from workplace discrimination based on their recreational or medical marijuana use.

RELATED: Another federal agency urges employees not to use marijuana, warns of effects

In California, a bill passed by both houses of the Legislature to ban people from losing their jobs for smoking marijuana outside of work. In particular, it would prohibit companies from penalizing those who fail a certain type of drug test. Among other marijuana measures awaiting Gov. Newsom’s signature is this law that would provide job protections for people who smoke marijuana around the clock.

Recently, the New York City Police Department (NYPD) announced that it would stop randomly testing police officers or job applicants for cannabis. Additionally, the New York City Fire Department (FDNY) simultaneously announced that it is considering changing its cannabis testing guidelines.

This article originally appeared on Benzinga and has been republished with permission.