New Jersey: Workplace Impairment Guidance Issued

NJ Cannabis Regulatory Commission has issued interim guidance on workplace impairment to be effective until it is able to issue detailed standards for WIRE (Workplace Impairment Recognition Expert) certifications.

NJ recognizes that employers have the right to maintain a drug free workplace and may require a drug test from employees based on reasonable suspicion of impairment.  NJ employers may not take action against an employee based solely on the presence of cannabis in an employee’s body; evidence of impairment in the workplace is also required.  The requirement for demonstrable evidence of workplace impairment does not apply to Federal Contractors who are still governed by Federal drug use standards.