New Jersey Institute Of Technology Drug-Free Workplace Policy Statement
1. New Jersey Institute of Technology is committed to maintaining a drug- free workplace in compliance with applicable laws. The University is further committed both to rigorous enforcement of applicable laws and policies and to support for those trying to cope with drug related problems. The unlawful possession, use, distribution, dispensation, sale or manufacture of controlled substances is prohibited on NJIT’s property, NJIT owned, leased or rented vehicles (regardless of their physical location), campus facilities and during University activities whether on or off-campus (collectively “NJIT Property”). A controlled substance is a drug or substance as defined by the Federal Controlled Substances Act or New Jersey statute (NJSA 24:21-5 et seq.). Any NJIT employee determined to have violated this policy or engaged in drug related activity which occurs on or impacts on NJIT Property, impacts their job performance, or while performing their job duties while working may be subject to disciplinary action up to and including termination.
2. The illegal use of controlled substances can seriously injure the health of employees, adversely impact the performance of their responsibilities, and endanger the safety and well-being of fellow employees, students and members of the general public. Therefore, the University urges employees engaged in the illegal use of controlled substances to seek professional advice and treatment. Anyone who is employed at NJIT who has a drug problem is encouraged to contact the Office of the Vice President of Human Resources who will assist in obtaining available treatment. Employees engaged in contracts with the U.S. Department of Defense are additionally subject to Department of Defense requirements and may be required to submit to tests for the illegal use of controlled substances.
3. As a condition of employment, an employee of NJIT will notify his/her supervisor if he or she is convicted of or pleads guilty to a criminal drug offense involving the workplace or while performing his or her duties while working within five days of the conviction or guilty plea. In the event any such conviction involves an employee working on a federal contract or grant, the University will notify the granting or contracting federal agency within ten days of receiving notice of a conviction. A copy of this policy shall be given to all employees.
4. The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act decriminalized the possession and use of cannabis for individuals 21 years of age and over, and the State’s Cannabis Regulatory Commission regulates the licensed sale of legal cannabis items. However, cannabis remains illegal under federal law and will remain prohibited on the NJIT Property. NJIT reserves the right to test its employees, subject to and in addition to the provisions of the various collectively negotiated agreements with employee unions, under the following instances: (1) upon reasonable suspicion of an employee’s use of cannabis items at work, (2) upon finding observable signs of intoxication related to cannabis items at work, (3) as part of a work-related accident investigation, (4) as part of pre-employment screening, or (5) as part of regular screening of current employees to determine use during work hours. Certain employees should also be aware that they are subject to random drug testing based on their job titles and duties, and as negotiated with their employee representation unit (if applicable). All tests will be in compliance with applicable current state and/or federal laws.
5. This statement and its requirements are promulgated in accordance with the requirements of the Drug-Free Workplace Act of 1988 enacted by the United States Congress. The university will continue its efforts to maintain a drug-free environment by adhering to the above policy and by providing on-going drug awareness program.
6. NJIT Department of Public Safety personnel is guided by all directives, guidelines, mandates, and other advisory communications from the New Jersey's Attorney General's Office and Essex County Prosecutor's Office regarding the use of illegal controlled substances or cannabis products. Additionally, all Department of Public Safety orders, operating procedures, and collective bargaining agreements will be adhered to regarding the use and testing for illegal controlled substances, cannabis, or its byproducts.