Dear Michael:

As you know, ACCNJ submitted formal comments to NJ’s Cannabis Regulatory Commission (CRC) seeking legal clarity regarding the safety-sensitivity of construction operations and an employee’s potential use of recreational marijuana.

Late last week, NJ CRC released interim guidance on workplace impairment.

Please click HERE to view the Commission’s guidance.

The CRC guidance states, “pursuant to N.J.S.A. 24:6I-52a(1), and in accordance with all state and federal laws, an employee shall not be subject to any adverse action by an employer solely due to the presence of cannabinoid metabolites in the employee’s bodily fluid as a result of engaging in conduct permitted under N.J.S.A. 24:6I-31 et al.”

However, the CRC further states, “Employers have the right to maintain a drug free workplace consistent with the requirements of N.J.S.A. 24:6I-52” and “Employers may require an employee to undergo a drug test upon reasonable suspicion of an employee’s usage of cannabis or cannabis products while engaged in the performance of the employee’s work responsibilities, or upon finding any observable signs of impairment related to usage of cannabis or cannabis products, or as part of a random drug test program, or following a work-related accident subject to investigation by the employer.”

In addition, ACCNJ worked tirelessly to include language in the enabling law to protect construction contracts which are federally funded. Cannabis remains illegal at the federal level and without protective provisions in the law, NJ could have jeopardized federal resources for projects.   

The CRC’s guidance document also states, “if it is determined that any of the provisions set forth in that section of the law result in a provable adverse impact on an employer subject to the requirements of a federal contract, then the employer may revise their employee prohibitions to be consistent with federal law, rules, and regulations. As such, employers may be required by federal contract or law to follow specific protocols related to determining reasonable suspicion and drug testing and are permitted.”

It is important to note that this newly-issued document will serve as guidance until NJ CRC formulates and approves standards for the Workplace Impairment Recognition Expert (WIRE) certification.

ACCNJ will be working with legal counsel on a review of this CRC release to further examine employer impact(s), while continuing to actively monitor the active issue of WIRE-certifications.

Regards,

Michael A. Travostino 

Associated Construction Contractors of New Jersey

91 Fieldcrest Avenue, Suite A-19

Raritan Plaza II

Edison, NJ 08837-3627

(p) 732-225-2265

(f) 732-225-3105

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