| State: | Rhode Island |
| Statute of Order: | R.I. Gen. Laws §28-6.5-1 et seq. |
| Covered Employers: | Public and private employers. |
| Applicant Testing: | Applicant testing authorized in the private sector after offer of employment has been made. In public sector, testing authorized for jobs involving public safety or when required by federal law. |
| Employee Testing: | Employee testing authorized on reasonable suspicion of substance abuse and in conjunction with rehabilitation program. Random testing prohibited. |
| Conditions & Methods: | Confirming test in case of positive findings, privacy for employee in collection of specimen, opportunity for employee to rebut test findings. |
| Pass Drug Testing Bulletpoints: |
|
1) Legal View
Wisconsin State law defines necessary drug tests for certain jobs. Apart
from the mandatory jobs, the state does not limit or direct employers to
have employees undergo drug tests. The law states the procedure and agency
that will be recognized in case of a contest to a claim.
2) Individuals
Wisconsin mandates the need for regular drug and alcohol tests for
contractors and sub-contractors working on public works projects. The law
allows testing of students as well. Employers may choose to send all
employees or those engaged in high-risk jobs for drug testing
3) Policy
The law does not mandate the need for a written policy except in the public
works construction projects. A policy becomes a necessity when contesting a
worker’s compensation/ unemployment claim. The presence of a policy provides
a guideline to the organization in the absence of a legal framework.
4) Testing Positive
The law mandates that contractors and sub-contractors employed in public
works construction projects must be banned or removed from the project if
the test result is positive. A worker’s compensation claim may be reduced by
up to 15%, limited to a maximum of $15000, in case of a positive result.
5) Drugs Covered
SAMHSA-required substance tests are necessarily carried out on public works
contractors and sub-contractors. Apart from this, the law does not mandate a
list of drugs to be tested for.
6) Agency
The public works project contractors and sub-contractors are made to go to a
SAMHSA-approved drug testing agency for carrying out the tests. Other
employers are free to choose the drug testing agency, but will require a
report from a SAMHSA-approved agency when they decide to take legal recourse
against an individual.
7) Timing
Public works construction project contractors and sub-contractors may be
randomly asked to submit to substance testing procedures. Substance tests
must be carried out after an accident at a public works site to rule out the
possibility of intoxication being the cause. Behavior changes in public
works contractors and sub-contractors that point to the possibility of
substance abuse are also a trigger for a substance test. The law does not
specify the appropriate timing for drug tests for other types of jobs.
Regular and random tests may be carried out on the decision of the employer.
8) Cost Incurred
The law directs employers to bear the total cost of medical exams. However,
it is yet to determine and state whether drug/ alcohol tests form part of
medical exams.
9) Notice
Notices are not mandated at the workplace under state law. The absence of a
notice cannot be regarded as a reason for substance abuse at the workplace.
10) Method
State law accepts the test results of SAMHSA-certified procedures or there
may be a court decision on the procedures that are necessary for public
works contractors and sub-contractors. The procedure adopted for other work
types comes under question if there is a need for legal action.
PASS A DRUG TEST IN RHODE ISLAND
