Bill > S3189

Introduced Session

Section 1 of this bill amends section 48 of P.L.2021. c.16 concerning certain rights and obligations of employers and employees concerning the use of cannabis items. The bill provides that a drug test for cannabis is not to be done as part of a pre-employment screening, except for the employees outlined in paragraph (1) of subsection b. of 48 of P.L.2021, c.16. The bill provides an employer may determine to employ or not to employ a Workplace Impairment Recognition Expert in the employer's discretion. Nothing in subsection a. of section 48 of P.L.2021, c.16 is to be interpreted to require that an employer use a Workplace Impairment Recognition Expert for either drug testing or determinations of suspicion of an employee's usage of a cannabis item while engaged in the performance of the employee's work responsibilities. Further, the use of the Workplace Impairment Recognition Expert is not to be deemed the industry standard for testing or making suspicion determinations. An employer may use scientifically reliable testing services and exercise its own judgment in making a good faith suspicion determination. The bill provides that an employer is not to take any action which has the effect of prohibiting an employee using cannabis products during non-work hours except under the following circumstances: (1) Upon a determination by an employer that the nature of the work of an employee at a critical infrastructure facility or a construction site has an exceptionally high risk of potential harm to other employees or to public safety if the employee were to be impaired through the use of cannabis. The approval to designate categories of these employees, or a specific employee of an employer, is to be made by the commission upon application of the employer. The commission is responsible for approving an application upon finding that the standards in the bill have been met; (2) when the nature of the work of an employee is operating, maintaining, constructing or repairing a public utility that is subject to the jurisdiction of the Board of Public Utilities; (3) when such actions are required under the federal Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C. s. 5331; or (4) when the employer is subject to the Railway Labor Act, 45 U.S.C. § 151 et seq.; or (5) when the employee is a law enforcement officer and the duties of the employment require the possession of a firearm. Section 2 of the bill amends N.J.S.A. 52:17B-71 to require that the Police Training Commission consult with the Cannabis Regulatory Commission with respect to developing standards and course curricula for certification as a Workplace Impairment Recognition Expert in detecting and identifying an employee's use of, or impairment from, a cannabis item or other intoxicating substance, and for assisting in the investigation of workplace accidents.

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Tony Bucco (R)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 10/13/2022)

Official Document