How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Your Own Question
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4540
Experience:  Exclusively practice labor and employment law.
71296933
Type Your Employment Law Question Here...
John is online now
A new question is answered every 9 seconds

how many times in a year are employers allowed to drug test

This answer was rated:

how many times in a year are employers allowed to drug test employees in the state of nj
Hi, thanks for submitting your question today. Under New Jersey law, specially
1.7.8.19.—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.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John and other Employment Law Specialists are ready to help you

Related Employment Law Questions