Tag: How to Enforce Drug-Free Workplace Policies

New Jersey Cannabis Regulatory Commission Releases Guidance for Employers on How to Enforce Drug-Free Workplace Policies October 12, 2022 The New Jersey Cannabis Regulatory Commission has released new guidance regarding marijuana impairment in the workplace. Unfortunately, this guidance does not provide certification standards for Workplace Impairment Recognition Experts, which employees have long expected. However, it offers employers guidelines on using physical and behavioral signs of impairment to enforce their drug-free workplace policies in the interim. Since February 2021, Recreational marijuana use has been legal in New Jersey under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA). Under this law, employers may test employees for marijuana-related impairment to maintain a drug-free workplace. However, the test must use a scientifically reliable method, such as blood, urine, or saliva, in conjunction with a physical evaluation to determine impairment. An individual certified in determining impairment must perform the physical evaluation. This commission will release the standards for these Workplace Impairment Recognition Experts; however, the guidance states that they are still determining suitable standards for this position. In the meantime, the guidance states that employers may still use established procedures for building and documenting reasonable suspicion of impairment. They may continue using these procedures when determining that an individual violated the drug-free workplace policy. However, the process must include additional evidence, such as a drug test. The guidance reiterates that a drug test indicating the presence of cannabinol metabolites alone is not enough to justify an adverse employment-related decision. However, it may be when combined with documentation of evidence of impairment during an employee's working hours. To demonstrate proof of an employee's impairment during working hours, an employer may: Designate an interim staff member or outside contractor who is sufficiently trained to determine impairment and can complete a Reasonable Suspicion Observation Report to help deduce impairment. Use a uniform Reasonable Suspicion Observation Report to document the evidence of impairment, including physical and behavioral signs, to support a determination that an employee is under the influence of marijuana during their working hours. The commission has provided a sample form that employers may use; however, if they have already employed a Reasonable Suspicion Observation Report in determining when drug testing is required, they may continue to use it. Employers should institute standard procedures for completing this form, including a manager, supervisor, or an interim staff member designated to help determine if an employee is impaired or an additional manager or supervisor. An employer may also use a cognitive impairment test as a physical sign or evidence to support a reasonable suspicion of impairment. This test must be a valid, repeatable, objective, and standardized test of impairment and/or an ocular scan. The commission clarifies that this guidance is its understanding of the Act and does not carry the weight of law or place any additional regulations on employers. However, this guidance should give employers an idea of how they may continue to enforce their drug-free workplace policies until certification standards for Workplace Impairment Recognition Experts are in place. Stay updated on all the new rules of compliance with Pre-employ’s free news resources on FCRA, EEOC, and more. Contact a Sales Rep today for more information. Source

Tag: How to Enforce Drug-Free Workplace Policies

New Jersey Cannabis Regulatory Commission Releases Guidance for Employers on How to Enforce Drug-Free Workplace Policies

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