Hi, thanks for submitting your question today. Under New Jersey law, specially
188.8.131.52.—Employees and candidates having positive test results; Sanctions; Rehabilitation - there is no specific limitation in the number of times an employee can be tested, except that such tests must be for "reasonable cause". Reasonable cause means a probability exists, based on some evidence that an employee is intoxicated by or has used drugs
. Generally the following elements must be present to have "reasonable cause" to require drug testing:
(1) Direct observation of the suspected employee and/or any physical evidence by two persons in supervisory positions. This means the supervisors must personally see the evidence for themselves. (2) There must be some physical, behavioral, or performance indication of use or intoxication. Indicators include but are not limited to an individual's speech, behavior or appearance. Drugs and drug paraphernalia in clothing and personal property, or concealed elsewhere may also provide reasonable cause since these too are physical indicators. Smoke, breath and body odors may provide evidence. Slurred and incoherent speech, lack of coordination and balance, nodding and dozing off on watch, inability to report for duty, frequent or extended unexplained absences from assigned duties, sudden and wide changes of mood or attitude and many other observable variables are examples of some conditions, which could constitute reasonable cause. Since these circumstances and conditions could be caused by illness, injury, or other factors, as well as drugs, the decision to test for reasonable cause must be made with prudence and common sense.
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