This bill amends Section 48 of P.L. 2021, c. 16, focusing on the rights and obligations of employers and employees regarding cannabis use. It prohibits employers from taking adverse actions against employees based solely on their cannabis use outside of work hours, with exceptions for employees in high-risk positions or those subject to federal regulations. The bill also specifies that drug tests for cannabis cannot be part of pre-employment screenings, except for certain outlined employees, while allowing testing under reasonable suspicion of impairment during work hours or after workplace accidents.

Furthermore, the bill introduces the concept of a Workplace Impairment Recognition Expert, whose certification will be regulated by the commission in consultation with the Police Training Commission. Employers may choose to employ these experts but are not mandated to do so for drug testing or determining suspicion of cannabis use. The bill clarifies that employers can maintain a drug- and alcohol-free workplace and outlines specific conditions under which they may prohibit cannabis use during non-work hours, particularly for employees in critical infrastructure roles. It also requires collaboration between the Police Training Commission, New Jersey State Police, and the Cannabis Regulatory Commission to develop training standards for Drug Recognition Experts and Workplace Impairment Recognition Experts.

Statutes affected:
Introduced: 24:6I-52, 52:17B-71