Wisconsin Drug Testing Laws and Regulations
|Statute of Order||
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:
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:
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.
|Conditions & Methods:||
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.
Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Global Business Support System Inc. DBA TestCountry.