NJ Employers Face Challenges with Delayed Cannabis Tool

Nearly two years after the introduction of guidelines for managing marijuana use in the workplace, New Jersey employers are grappling with enforcement challenges due to the absence of Workplace Impairment Recognition Experts (WIREs). This delay has left employers uncertain about how to maintain drug-free workplaces while accommodating the legalization of marijuana.

Guidelines and Enforcement Challenges

The guidelines outline processes for determining impairment, including the use of “reasonable suspicion” reports and trained individuals to assess impairment. However, the certification of WIREs, crucial for detecting cannabis influence, is still pending.

Impact of Cannabis Use

While marijuana’s effects can linger for days, drug tests can detect THC, the psychoactive compound in cannabis, for weeks after consumption. Despite this, the mere detection of cannabis is not sufficient grounds for action against an employee under the guidelines.

Industry Response and Anxiety

Some employers have ceased testing for cannabis, while others are anxious about handling marijuana use among employees, particularly in high-risk industries like manufacturing and construction. Federal oversight complicates matters for industries governed by stricter regulations.

Current Practices

Employers like Amazon have removed cannabis from drug tests, while others, such as Bank of America, do not test employees for drug use. However, universities like Rutgers and Princeton maintain strict bans on marijuana on their campuses.

Future Considerations

As the regulatory landscape evolves, organizations are urged to reconsider their approach to drug testing, focusing on impairment standards rather than mere detection. The delay in finalizing the WIRE program underscores the need for clarity and consistency in addressing marijuana use in the workplace.