Wisconsin State Drug Testing 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

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