[First Reprint]
ASSEMBLY, No. 1388
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen PASCRELL, ROONEY, Wisniewski and Assemblywoman Friscia
An Act concerning 1alcohol and1 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 1alcohol and1 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 1alcohol or1 a controlled dangerous substance. There is created a rebuttable presumption that the division had reasonable suspicion to test for 1alcohol and1 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 1alcohol or1 controlled dangerous substances under this act may serve as the basis for a refusal to hire a prospective employee or the 1[discharge] discipline1 of a current employee unless the employee was using the substance pursuant to a valid prescription 1[or order form]1.
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 1alcohol and1 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. 1 Upon written request, the individual subject to a test administered pursuant to this act shall receive a copy of the information obtained by the division.1
5. The Division of Youth and Family Services which, in good faith implements 1[a] an alcohol and1 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.
1[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.]1
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 1[apply to drug] be construed to prevent the sharing of information with the division regarding1 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.
Authorizes alcohol and drug testing for certain DYFS employees.