of New Jersey
WHEREAS, The problem of drug abuse is adversely affecting the lives and
safety of our citizens; and
WHEREAS, The abuse of drugs in the workplace, among other things, reduces
job efficiency, increases absenteeism and sick leave, and, most importantly,
jeopardizes the lives and safety of fellow employees and citizens; and
WHEREAS, The State of New Jersey has a vital interest in promoting a
safe and drug-free workplace and in ensuring our citizens that public
safety employees do not threaten life and limb due to the abuse of drugs;
WHEREAS, The Federal Drug-Free Workplace Act of 1988, Public Law 100-690,
Title V, Subtitle D, conditions receipt of federal grant funds upon the
grantee's agreement to provide a drug-free workplace; and
WHEREAS, The Federal Drug-Free Workplace Act requires a grantee to prohibit
the unlawful manufacture, distribution, dispensation, possession or use
of a controlled substance, to specify actions that may be taken against
employees who violate the prohibition, to establish a drug-free awareness
program for employees, and to require employees and employers to give
notice of any conviction for a drug offense committed in the workplace;
WHEREAS, The citizens of this State greatly benefit from the State government's
participation in federally-funded programs;
NOW, THEREFORE, I, Thomas H. Kean, Governor of the State of New Jersey,
by virtue of the authority vested in me by the Constitution and statutes
of this State, do hereby ORDER and DIRECT:
Issued March 14, 1989.
- The following "Policy for a Drug-Free Workplace in New Jersey
State Government" shall apply to all principal executive departments
in New Jersey State Government, the Office of the Governor, and all
agencies that are in, but not of, principal executive departments. This
Policy establishes minimum standards for the imposition of discipline
and for participation in drug abuse treatment programs in the limited
context of convictions for drug offenses committed in the workplace.
Nothing in this Policy precludes the application, of other more comprehensive
or more stringent provisions governing
drug offenses committed by State employees. In fact, the Cabinet Task
Force on Drug Testing in the Workplace, which was created in Executive
Order No. 191, will formulate a more comprehensive State policy regarding
drug abuse and the workplace in the near future.
- The State of New Jersey is committed to maintaining a drug-free workplace
for all State employees in order to protect the health and safety of
State employees and the public.
- The unlawful manufacture, distribution, dispensation, possession or
use of a drug in the workplace is prohibited.
- In addition to any other applicable civil or criminal penalty, any
employee convicted of illegal manufacture, distribution, dispensation,
possession or use of a drug in the workplace shall be subject to the
- The State Forfeiture of Public Office statute (N.J.S.2C:51-2) requires
forfeiture of public office or employment upon conviction of a crime
of the third degree or higher. All convictions of crimes of the third
degree or higher listed in the Comprehensive Drug Enforcement Act
of 1987, and all convictions for equivalent federal and out-of-State
drug offenses, require forfeiture of public office or employment.
- The Forfeiture of Public Office statute also requires forfeiture
of public office or employment upon conviction for an offense involving
dishonesty or upon conviction for an offense involving or touching
upon the convicted person's public employment irrespective of the
degree of the offense. Consequently, convictions for any drug offense
occurring in the workplace (including fourth degree, disorderly persons
and petty disorderly persons offenses) which are determined to involve
or touch upon the office or employment of an individual may result
in the statutory forfeiture of public office or employment.
- In the case of a drug conviction for an offense occurring in the
workplace that does not result in statutory forfeiture of public office
or employment, disciplinary action shall be taken. The extent of disciplinary
action shall be determined by the appointing authority. In addition,
in the case of any disciplinary action other than removal, an employee
shall be required to satisfactorily participate in a program for the
treatment of drug abuse approved by both the appointing authority
and any federal or State agency responsible for the approval or licensure
of such programs.
- Each department head, agency head, or their designee who
receives notice of a drug offense conviction shall, within 30 days
of receipt of notice, take the administrative action necessary for
removal where statutory forfeiture is required, and where statutory
forfeiture is not required, take the administrative action necessary
to impose discipline and require satisfactory participation in an
approved program for drug abuse where appropriate.
- An employee who is convicted of a drug offense committed in the workplace
must, within five days, report the conviction to his or her supervisor.
- Each supervisor who receives a report of a conviction for a drug
offense in the workplace must immediately report the conviction, according
to departmental or agency procedures, to the department head, agency
head, or their designee.
- Within 10 days of the supervisor's receipt of notice of a conviction
for a drug offense, the department head, agency head, or their designee
shall ensure that notification of such conviction is provided to any
federal agency providing funds for a program in which the convicted
employee is employed.
- Each department head, agency head, or their designee must develop
and implement procedures to ensure that reports, which are received
by supervisors, concerning convictions for drug offenses in the workplace
are reported promptly to the department head, agency head, or their
- Each department head, agency head, or their designee must maintain
records that contain the following information on each conviction for
a drug offense committed in the workplace by an employee:
b. Disciplinary action taken;
c. Whether the employee is one whose duties involve the performance
of a federal grant; and
d. Date federal grantor was notified of the conviction, if applicable.
- Each department head, agency head, or their designee will distribute
an Employee Notice and this Executive Order to each current employee.
Each department head, agency head, or their designee shall distribute
these documents to any employee who joins
[page 1734 ]
the work force after the initial distribution. A program entitled "Drug-Free
Awareness" is being developed, and upon completion will be provided
to all employees.
- Definitions for purpose of this policy:
- "Conviction" means a finding of guilt, or a plea of guilty,
before a court of competent jurisdiction, and, where applicable, a
plea of nolo contendere. A conviction is deemed to occur at the time
the plea is accepted or verdict returned. It does not include entry
into and successful completion of a pre-trial intervention program,
pursuant to N.J.S.2C:43-12 et seq., or a conditional discharge, pursuant
- "Drug" means a controlled dangerous substance, analog,
or immediate precursor as listed in Schedules I through V in the New
Jersey Controlled Dangerous Substances Act, C.24:21-1 et seq., and
as modified in any regulation issued by the Commissioner of Health.
It also includes controlled substances in Schedules I through V of
Section 202 of the Federal Controlled Substance Act of 1970 (21 U.S.C.
§ 812). The term shall not include tobacco or tobacco products
or distilled spirits, wine, or malt beverages as they are defined
or used in R.S.33:1-1 et seq.
- "Employee" means all employees of the Office of the Governor
or a department or agency within the scope of this Policy, whether
full- or part-time, and whether in the career, senior executive or
- "Workplace," for the purposes of this Policy only, means
the physical area of operations of a department or agency including
buildings, grounds and parking facilities provided by the State. It
includes any field location or site at which an employee is engaged,
or authorized to engage, in work activity, and includes any travel
between such sites.
- This Policy is effective March 18, 1989 and shall remain in effect
until superseded by statute, regulation or Executive Order.