Wisconsin - STATE LAWS

Workplace drug testing issues – State Laws – Wisconsin

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in Wisconsin

Instant or POCT Testing

No restrictions

Drug Panels

No restrictions

Laboratory

No restrictions

Medical Review Officer

No restrictions

Random Testing

No restrictions

Post-Accident

Restrictions

Drug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident.

Reasonable Suspicion

No restrictions

Oral Fluids

No restrictions

Hair Testing

No restrictions

Unemployment Denial

Yes

Testing positive or refusal to take a drug or alcohol test in violation of an employer's policy is considered misconduct.

Workers Comp Discount

No

Wisconsin Statute

Intoxication Defense

Yes

See Note

Medical Marijuana

No

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

Wisconsin is a drug-testing friendly state with no restrictions on workplace drug testing.

Wisconsin employers working on public works projects must have a written substance abuse prevention program in place.  The program must be in compliance with Wisconsin Statute 103.503

Note: Intoxication Defense – Denial of Workers Compensation Claim - If injury results from the use of a controlled substance, as defined in Wisconsin Statute 102.58 or a controlled substance analog, the compensation and death benefit provided in this chapter shall be reduced 15% but the total reduction may not exceed $15,000.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Wisconsin