Notably, the new rules also confirm that the Commission has not yet adopted standards for a Workplace Impairment Recognition Expert (WIRE) certification program, and until such time that the Commission develops such standards, in consultation with the Police Training Commission, no physical evaluation of an employee being drug tested in accordance with CREAMMA shall be required. We anticipate that the testing requirements will be addressed in subsequent regulations. As a reminder, once implemented by the Commission, the WIRE certification can be issued to employees and/or third-party contractors based on their completion of the training program, and any subsequent drug testing will need to include a physical evaluation to assess on-the-job impairment by a WIRE certified individual.
For now, New Jersey employers can no longer rescind a conditional job offer or discharge an employee because that person does or does not smoke, vape, aerosolize or otherwise use cannabis items (i.e., based solely on a positive THC drug test result for cannabis). Therefore, employers should consider reviewing and updating their pre-employment screening procedures and drug testing policies for compliance.