New Jersey does not have a statute that specifically regulates drug testing in the private sector. However, there is case law for drug testing.

Key Case Law:
Hennessey v. Coastal Eagle Point Oil - The Court ruled in favor of random drug testing of workers in highly safety-sensitive jobs. In such situations the Court found that the concern for safety outweighed the individual’s expectation of privacy. The Court further stated that employers should:

1. Employ the least intrusive drug testing methods possible
2. Keep drug test results confidential
3. Provide notice to employees prior to implementing drug testing
4. State employee selection methods
5. Provide information regarding the lingering effects of drug use
6. State how samples will be analyzed
7. State the consequences for employees who test positive or refuse to submit to the drug test