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 | |
| 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