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.
These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Drug Testing Issue | Status | Comments |
---|---|---|
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 vary 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