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.

Drug Testing IssueStatusComments
Instant or POCT Testing No Restrictions
Drug PanelsNo Restrictions
LaboratoryNo Restrictions
Medical Review OfficerNo Restrictions
Random TestingNo Restrictions
Post-Accident RestrictionsDrug 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 SuspicionNo Restrictions
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYesTesting positive or refusal to take a drug or alcohol test in violation of an employer's policy is considered misconduct.
Workers Comp DiscountNoWisconsin Statute
Intoxication DefenseYesSee 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

Drug Testing in Wisconsin

Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.

Marijuana Laws for Wisconsin

Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.