US State Laws: Wisconsin

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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 IssueStatusComments
Instant or POCT TestingNo restrictions
Drug PanelsNo restrictions
LaboratoryNo restrictions
Medical Review OfficerNo restrictions
Random TestingNo restrictions
Post-AccidentRestrictionsDrug 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 MarijuanaNo
Recreational MarijuanaNo
Report Driver DOT PositivesNo
General StatuteWisconsin 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