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
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||No restrictions|
|Drug Panels||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|
|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