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New Jersey Drug Testing

Last updated : November 18, 2024

We have thousands of New Jersey drug testing locations. However, you realize USA Mobile Drug Testing will come to you, right? Just let us know when and where. We’ve got you covered from there.

We do it all—24/7/365!

Call us at 800-851-2021 to schedule a New Jersey drug test now!

 

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New Jersey drug testing locations

Don’t worry if your city isn’t listed. Just call 800-851-2021. We’ll be happy to assist you in finding a location nearby. However—and we’re sure to mention it during the conversation—you might decide to have us come to you instead.

That’s right. You’ll never have to search for “drug testing near me” again! We’ll send a mobile collection specialist to your location, anywhere throughout the state— 24/7/365.

Employees on the job site? We’ll find them.

Night shift coming due for the annual fitness-for-duty drug test? Why not have us show up during their shift rather than interrupting their sleep schedule to report for testing during normal business hours? The phrase “drug testing near me” takes on an entirely new meaning when the test rolls right up to your location, doesn’t it?

We offer employee education classes, management training, and DOT services. We can also create your company’s drug-free program. We’ll even customize your policies to specifically meet the needs of your business.

New Jersey drug testing laws

Has your employer or prospective employer in New Jersey asked you to take a drug test? Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn’t otherwise require – or prohibit drug tests. For the most part, state and local laws determine whether an employer may test employees and applicants for drugs.

Every board of education in the State of New Jersey may require its employees and shall require any applicant awarded with a conditional offer of employment to undergo physical examination which includes testing for the use of controlled dangerous substances. Such tests shall be performed by a physician or laboratory designated by the Board with the costs of the tests shouldered by the Board.

The law demands that the cost of any medical examination required by the employer as a condition of entering or continuing employment be paid or reimbursed by the employer and in no way, shall be deducted from the employee’s wages.

Any action of defrauding the administration of a drug test or producing a false or misleading result for a test for controlled substances constitutes a criminal act in New Jersey. A State Supreme Court decision allows for random drug testing but is limited only to safety-sensitive occupations.

Workers’ compensation and unemployment benefits may be denied of an employee due to willful negligence which includes intoxication or unlawful use of controlled dangerous substances.

Drug testing in New Jersey

Although many states have passed laws regulating or restricting an employer’s right to require drug testing, New Jersey has not. New Jersey legislation does not address drug testing in private employment.

The Supreme Court of New Jersey has ruled on drug testing in private employment. In Hennessey v. Coastal Eagle Point Oil Co., the Court found that the validity of an employer’s policy of random drug testing had to be weighed on a case-by-case basis, taking into account the employee’s job responsibilities. In that case, the employee was fired for failing a random drug test and sued for wrongful termination in violation of public policy. The Court ruled against the employee, finding that his job posed a significant risk to public safety and, therefore, that the employer’s interest outweighed the employee’s right to privacy.

Random New Jersey drug testing

The New Jersey Supreme Court allows every NJ-based employer to require random drug testing for alcohol, prohibited and prescription drug for work that is safety-sensitive. This basically relates to hazardous jobs and work where safety could be an issue. Examples are public transportation drivers, fork-lift operators and commercial drivers. The issue with random New Jersey drug testing is qualifying what “random”, “reasonable suspicion” and “for cause” constitute. In some instances, the Supreme Court of New Jersey held that random New Jersey drug testing is deemed an invasion of privacy on the part of the employee. Generally, the court weighs the question of the employee’s privacy against the employer’s need in the case of random drug testing in the workplace.

New Jersey medical marijuana law

Like a growing number of jurisdictions, New Jersey has passed a medical marijuana statute, entitled the New Jersey Compassionate Use Medical Marijuana Act. However, nothing in the law requires an employer to accommodate the medical use of marijuana in any workplace, including to patients who are officially registered in the State program. Marijuana use, both medicinal and recreational, remains illegal under federal law and, consequently, employers may continue to proscribe its use through lawful workplace drug testing policies.

Effects on workplace drug testing

Currently, drug testing in private employment is not addressed by New Jersey legislation. An employer may or may not require pre-employment drug testing and random drug testing under federal law stipulations. Employees who think that their drug test was done illegally will have to depend on other legal theories to further their cause.3 Federal employees and those who have high-risk jobs are mandated to undergo drug testing.

Legal claims for drug testing

Because New Jersey law puts very few limits on workplace drug testing, employees who believe their test was illegal will have to rely on other legal theories. For example, an employer may run into legal trouble based on who is tested or how the test is conducted. Here are some examples:

Disability discrimination. The Americans with Disabilities Act (ACA) protects an applicant or employee who is taking medication for a disability. Some prescribed medications can result in a positive result on a drug test, and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test, and the applicant’s medication was legally prescribed for a disability, the company could be liable.

Other discrimination claims. An employer who singles out certain groups of employees – for example, by race, age, or gender– for drug testing could face a discrimination claim.

Invasion of privacy. Even an employer that has a legitimate reason to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation, depending on the circumstances.

Defamation. An employee might have a valid claim for defamation if the employer publicizes a false positive result if the employer acts in bad faith and knows (or should have known) that the result was incorrect.

Marijuana laws

Both medical and recreational marijuana use have been legalized in New Jersey.

It’s important to note that employers are to proceed with positive marijuana results with caution. Should an employee test positive for the drug, that, alone, isn’t reason enough to take adverse action against them. However, a positive drug test that coincides with documentation of signs of workplace impairment could give an employer enough room to act.

The reasonable suspicion report should include the following:

  • Behavior
  • Physical signs
  • Any other evidence that points to drug use

Testing methods

Blood testing is rarely used for employee drug testing due to its expense and highly invasive nature. Blood tests detect the parent drug rather than drug metabolites. Therefore, the detection window is mere hours for nearly all drugs. However, methamphetamines remain in the blood for one to three days.

The test must be administered in a medical setting by trained medical personnel. It’s often reserved for post-accident testing when determining

There are three primary test methods used for employee drug testing. They are urine, mouth swab, or hair follicle drug tests.

Urine drug test

The urine drug test tops the charts as the most used employee drug testing method. As a matter of fact, it was the only drug testing method available for many years. However, over the years, drug users became more capable of finding successful ways to adulterate this test. Scientists invented both the mouth swab test and the hair follicle test in an attempt to combat that problem.

Today, urine tests have become extremely effective at detecting drugs and adulterants or other attempts to falsify these tests. Drug users still try, however, and discover the hard way that shouldn’t have been their chosen course of action.

The identification period is drug-specific and varies from mere hours up to three weeks or so. Marijuana is the exception to the rule as chronic users can test positive for THC for over thirty days.

These tests are cost-effective and produce accurate results. If the immunoassay (IA) test shows a positive result, the sample is sent on for confirmation testing using the gas chromatography/mass spectrometry (GC/MC) test. This test also specifies the drug(s) and drug level(s).

Results return in less than a week.

Mouth swab test

This method also goes by the names of saliva or oral fluids tests. It’s in the midrange in regard to the cost being more expensive than the urine test but less expensive than a hair test.

The mouth swab test detects recent and even current impairment for some drugs. The window of detection is the shortest of the three primary methods, however, only lasting up to seventy-two hours depending on the drug. For instance, marijuana is only detected on this test for about twenty-four hours no matter how often the drug is ingested.

Mouth swab testing technology is becoming more and more sophisticated and the results are extremely accurate. Consequently, it’s virtually impossible to switch the specimen as the test subject never leaves the testing technician’s sight. Moreover, attempts to falsify the test using mouthwashes or other adulterants claiming to mask or “detoxify” the drug metabolites in the body are false. The body is constantly producing saliva and it will be collected by the mouth swab.

At the lab, the mouth swab samples undergo an IA test and those yielding positive results go on for the GC/MS test for confirmation. The second test also determines the drug type and level found in the system.

Employers receive the results in a couple of days.

Hair follicle testing

Currently, the use of the hair follicle drug test is restricted in Montana.

The hair follicle test is unique in that it identifies any and all drug use for a 90-day period. It’s more expensive than either the urine or saliva drug tests. However, the extended detection period outweighs the cost in the eyes of many. In fact, some employers in the trucking industry require their employees to submit to both the DOT drug test and the hair follicle test. They choose to incur the added expense of additional drug testing to have access to the extended detection period.

In addition, the hair follicle test is impossible to falsify. Drug metabolites store themselves throughout the body until excreted. Those that stow away in the hair follicle, actually grow out into the hair shaft becoming a part of the hair. Moreover, there’s no way to rid the hair of them or to cover them with a substance that will hide them from the test.

We determine the 90-day detection period by hair length. Human hair grows at the rate of about 1/2 inch per month. The standard test length for the hair follicle test is one and one-half inches. Thus, one and one-half inches equals ninety days. However, laboratories honor requests to extend the detection window even further by increasing the length of hair tested.

It won’t be much longer before the DOT drug test changes from the urine test to the hair follicle test. The request is currently making its way through the chain of command and isn’t expected to meet with resistance at any point along the way.

Comparatively, it takes about a week to receive results.

Drugs detected

The standard 5 panel employee drug test is widely used by employers of the general workforce. As its name implies, it accurately detects five commonly abused drugs in the workplace. The drugs identified on the test typically include amphetamines, cocaine, opiates, marijuana, and PCP.

However, some employers choose to use a more extensive test and look to the 9, 10, or 12 panel drug tests. USA Mobile Drug Testing offers these test panels, however, we don’t limit employers to the drug panels we placed on them. Employers are free to swap a drug on the test panel for another, can add additional drugs to the test panel they’ve chosen, or even create their own unique drug screen panel.

Moreover, we have the capability to test for all manner of drugs, including “specialty” drugs such as bath salts, K2, steroids, or synthetic opioids.

Some specific drug identification periods

We’ve mentioned that the specific length of drug detection varies, with the exception of the hair follicle test. Some examples of detection periods follow:

  • Amphetamines and methamphetamines are detected on the urine test for two or three days, but habitual use may show up for four days. The saliva test identifies amphetamines for twenty-four to forty-eight hours.
  • Barbiturates remain detectable in urine for up to three weeks and in the saliva for up to three days.
  • Benzodiazepines show up in urine tests for up to ten days and in the saliva for about two and a half days.
  • Cocaine is traceable in urine tests for up to three days and in the saliva for up to two days.
  • It takes a couple of hours for ecstasy to show up in a urine test and it can be identified between one and three days thereafter. Saliva tests pick up on ecstasy in as little as 15 minutes after taking the drug. It remains traceable for one or two days.
  • Synthetic opioids, such as oxycodone, hydrocodone, and hydromorphone, are identifiable in urine between two to four days. Saliva tests vary a bit more ranging from up to 12 to 48 hours depending on the frequency of use.
  • Methaqualone detection lasts up to three days when using a urine drug test. The saliva test detects this drug for at least one day, however, if used frequently it shows up for a longer period of time.

DOT information

The DOT (Department of Transportation) was created to regulate the safety-sensitive workforce through the following administrations.

  • Federal Motor Carrier Safety Administration
  • Federal Railroad Administration
  • Federal Aviation Administration
  • Federal Transit Administration
  • Pipeline and Hazardous Materials Safety Administration
  • United States Coast Guard

The goal of the DOT is to ensure the safety of the general public as they travel by land, air, or sea. One of the regulations includes safety-sensitive employee drug testing. Employers regulated by the DOT implement the following employee drug tests:

The DOT mandates the use of the urine drug test that includes a specific drug panel. However, it approved the oral fluid drug test for use as soon as there are two SAMHSA-certified laboratories to analyze oral fluid specimens. That’s expected to happen by early 2024 at the latest.

DOT drug test

The DOT drug test requires employers to test for five of the most commonly abused drugs in the workplace. They are amphetamines, opiates, cocaine, marijuana, and PCP (phencyclidine). However, in a direct attempt to combat the growing opiate addiction crisis plaguing our nation, they added four semi-synthetic opioids to the test panel in January 2018.

Hydrocodone, hydromorphone, oxycodone, and oxymorphone are highly addictive pain medications. Heavily prescribed by physicians for years, these drugs are highly addictive. Sadly, many who found themselves craving the drugs when they were no longer prescribed the medication turned to the black market. Or, perhaps, in an attempt to feed the addiction when their drug of choice became too costly, they turned to heroin use instead.

The DOT has long considered switching from the urine drug test to the hair follicle drug test. We previously stated that the official request is currently making its way through the chain of command. Many expect it to complete the process in the near future. In the meantime, the oral fluid test has been approved for use as soon as there are two SAMHSA-certified laboratories available to process the tests.

FMCSA Drug and Alcohol Clearinghouse

The FMCSA Clearinghouse has been up and running for over three years now. It tracks safety-sensitive employees that have outstanding drug or alcohol violations. Employers no longer need to conduct manual inquiries with previous employers in addition to the Clearinghouse query. Only Clearinghouse queries are necessary.

Now, it’s virtually impossible for drivers with violations to obtain a job with a new employer by simply not listing the employer they worked for when receiving the violation. Furthermore, less-than-honest drivers with drug or alcohol violations can no longer pick up and move to another state to apply for a new CDL. The Clearinghouse links the driver to his old CDL, thereby, maintaining complete and accurate information.

Drivers from Canada and Mexico who transport goods in the U.S. must be listed in the database as well.

Once a driver successfully completes their return to duty process, they will be allowed to operate a commercial motor vehicle again. However, records of drug and alcohol violations will remain on file in the Clearinghouse for five years or longer if the driver hasn’t yet completed the return to duty process.

Frequently Asked Questions

Will I lose my job if I refuse the random drug test at work?

If your employer has over 50 employees and does random drug tests, you’re supposed to take the test if your name comes up. Consequently, if you refuse, your employer has the right to follow the drug testing protocol set in place.

I’m an owner-operator, so it’s just me. Do I have to register for the Clearinghouse and submit a query on myself?

Yes, you have to be accounted for in the database. Your C/TPA (consortium/third-party administrator) can conduct your queries on your behalf. If there should be a drug or alcohol violation, the C/TPA is responsible for reporting to the Clearinghouse.

So, do I have a right to see what the Clearinghouse says about me?

Yes. Drivers can access the database free of charge at any time. Head over to the website to get signed up.

Medical marijuana is legal. I’ve got Crohn’s disease and have medical authorization to use it. What happens if I pop positive on the test though?

Employers hold the right to make that decision. What’s your company’s drug policy say about marijuana? If they don’t stipulate allowing for medical conditions, they have no choice but to follow company policy. In most cases, employees are terminated.

Does everybody drug test now?

No. Not all employers test for drug use. But the majority do because maintaining a drug-free workplace is a way to ensure a safe work environment.

How long are drugs detected in my system?

It depends on the testing method your employer uses. The hair follicle test yields result for 90 days, up to 30 for the urine test, and the mouth swab test up to 72 hours. Detection times vary depending on the drug for urine and mouth swab. But the hair test shows all drug use for 90 days.

I heard there is a breathalyzer for marijuana now. Is that true?

Several companies are in the testing phases. A THC-detecting breathalyzer will be a benefit to law enforcement and employers in states that are legalizing marijuana. This will enable them to know whether or not a person is currently impaired

If I drink lots of water before my urine test, will it come back negative?

If your urine is exceptionally diluted, it will probably come back with an inconclusive result.

I have a shy bladder, and I know this drug test is not going to “go” well. What do I do?

Lots of people have this problem. Talk to your HR department. There may be another method in place for situations like yours. If not, they may work with you to reach a solution, i.e., making a change in that protocol! Good luck!

My doctor prescribed my pain medication. Can he write me something that will be accepted by my employer if I get pulled for a random?

Nope. Drug-free is drug-free. If you are taking medication and a drug test pops positive, your employer will follow the company procedures set in place.

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