ASSEMBLY, No. 1388

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman PASCRELL

An Act concerning drug testing of certain Division of Youth and Family Services employees and supplementing chapter 4 of Title 30 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. The Division of Youth and Family Services in the Department of Human Services may test its caseworkers and all other employees who have direct contact with children for usage of controlled dangerous substances as defined in the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.) and in chapters 35 and 36 of Title 2C of the New Jersey Statutes:

    a. prior to employment;

    b. upon reasonable suspicion that an employee is using or has used a controlled dangerous substance. There is created a rebuttable presumption that the division had reasonable suspicion to test for controlled dangerous substances if the specimen provided by the employee tested positive in a confirmed test;

    c. on a random basis during the course of employment based upon neutral selection criteria. For the purposes of this subsection the term "neutral selection criteria" shall mean criteria for selecting employees for tests that (1) results in an equal probability that any employee from a group of employees subject to the mechanism will be selected and (2) does not give the division discretion to waive the selection of any employee selected under the criteria.

    The collection of specimens under this act shall be performed during or immediately after the regular work period for current employees.

    2. A refusal to submit to a test or a positive confirmed test for controlled dangerous substances under this act may serve as the basis for a refusal to hire a prospective employee or the discharge of a current employee unless the employee was using the substance pursuant to a valid prescription or order form.

    3. The collection of specimens and testing under this act shall be performed in accordance with the regulations and guidelines issued by the Department of Human Services pursuant to section 7 of this act.

    4. All information, reports, statements and test results, written or otherwise, received by the Division of Youth and Family Services through its drug testing program shall be deemed confidential communications and may not be used or disclosed except as may be necessary to effectuate the purposes of this act.

    Any information obtained by the division pursuant to this act shall be the property of the employer.

    5. The Division of Youth and Family Services which, in good faith implements a drug testing program or procedure pursuant to this act, shall not be liable for civil damages arising therefrom except to the extent the complaint establishes a cause of action for defamation of character, libel, slander, or damage to reputation arising from a violation of section 4 of this act.

    Nothing in this section is intended to preclude the protection provided in section 2 of P.L.1971, c.414 (C.2A:62A-4) or otherwise provided by law.

    6. The provisions of the "New Jersey Clinical Laboratory Improvement Act," P.L.1975, c.166 (C.45:9-42.26 et seq.) shall not apply to drug testing performed pursuant to this act.

    7. The Commissioner of Human Services, in consultation with the Attorney General, shall adopt rules and procedures pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of this act.

    8. This act shall take effect immediately.

STATEMENT

    This bill authorizes the Division of Youth and Family Services in the Department of Human Services to perform preemployment and random in-service drug tests on caseworkers and all other employees who have direct contact with children and to perform a drug test on any caseworker or employee if there exists a reasonable suspicion that the employee is using or had used drugs.

    The random tests must use "neutral selection criteria" so as to be fair to all employees. The refusal to submit to the test or a positive confirmed test result may serve as the basis for the refusal to hire or subject the employee to discharge.

    The bill provides for all information and test results to be confidential and grants immunity to the Division of Youth and Family Services against civil damages resulting from the drug testing program required under this act except for damages resulting from a breach of confidentiality.

    The Department of Human Services, in conjuntion with the Attorney General, is directed to adopt procedures governing the collection of specimens and testing.

Authorizes drug testing for certain DYFS employees.