Employees impaired by drugs or alcohol impact workplace safety, as well as productivity. Therefore, private employers may choose to implement drug and alcohol testing program as part of an effort to maintain the safety and health of their workplace. There is no New Jersey statute that currently regulates how or when employers may test employees or applicants for drugs and alcohol. The New Jersey Supreme Court in 1992 decided the case of Hennessey v. Coastal Eagle Point Co., which has become the most-cited authority on the issue thus far. Hennessey strongly implies that common law privacy rights forbid \u201crandom\u201d drug testing in the private sector except for employees in \u201csafety-sensitive\u201d positions. Employees in other positions may be tested only \u201cfor cause,\u201d and all testing programs must conform to certain procedural due process safeguards discussed in more detail below.<\/p>\n
SOLUTION: Generally NJ employers may conduct drug and alcohol testing under the following circumstances:<\/strong><\/p>\n\n