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.
Drug and alcohol testing is permitted in Wisconsin. Certain industries may have specific regulations requiring drug and alcohol testing compliance.
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
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws 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.
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