Wisconsin Drug Testing Laws and Regulations

There currently is no general or comprehensive Wisconsin drug testing law that prohibits or regulates drug testing in the state. Employers here are free to screen job applicants and current employees for drugs and alcohol without violating any state laws.

The State of Wisconsin does require public contractors on some public works projects to drug test, but not private employers. Provided that procedures follow federal and state guidelines, public work contractors are allowed to ask their employees to submit to alcohol and drug testing under any of the following categories:

• Random
• Reasonable suspicion
• Post-accident

Generally for private employment, workplace drug testing is not required nor is it prohibited. It is up to the employers to implement their own drug-free workplace programs.

Wisconsin employers are typically allowed by state laws to test their job applicants for drugs provided they follow state rules against discrimination and the proper handling of sample specimen to avoid inaccuracies in the results. Certain conditions must be followed:

• Applicants must be made aware that drug screening is part of the entire employment process and they must agree in writing before any test can be administered;
• There must already be a job offer on the table, finality of which depends upon passing the drug test;
• All applicants for the same job must be tested similarly; A state-certified drug testing lab will perform the tests.

Beginning June 2007, Wisconsin employees who fail or refuse a drug test may be removed from employment. Some jobs are automatically covered by the new drug testing procedures, like those covered by the federal Omnibus Transportation Employee Act (pilots, commercial driver’s license holders, etc); public safety and security jobs (law enforcers, correction officers); jobs involved with toxic chemicals and/or explosives; and certain medical/health workers. Although any employee can always refuse a workplace drug test, unless they can prove that they are being unfairly singled-out or discriminated upon, they may be risking termination and be denied their unemployment benefits.

Before workplace drug testing can be implemented with the least amount of controversy, a few guidelines need to be taken note of. A clearly written and well-disseminated drug test policy forms the basis of a successful drug-free workplace program. A state-accredited drug testing lab must agree in writing to provide the employer copies of the test results, indicate there which tests were done, what substances were found, describe in detail the chain of custody of the sample specimen during the entire testing process and provide a confirmation of all initial positive test results. These documents are essential in case UI claims are filed against the company as a result of positive tests.

• Public work contractors are required to have in place a written substance abuse prevention program;
• Drug testing costs shall be shouldered by the employer;
• State contractor employees who refuse to do a drug test, test positive or otherwise violates the provisions of the contractor’s drug test policy will not be allowed to work on the project and may face termination pursuant to the provisions of the same.
• Workers’ compensation benefits may be reduced by 15% up to a maximum value of $15,000 for work-related injuries caused by alcohol intoxication or illegal drug use.