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:
  • Employers need to promulgate a drug abuse prevention policy that is in strict compliance with the provisions of the law. An employer who violates these provisions will be deemed guilty of a misdemeanor that carries a fine of up to $1,000 and/or a jail sentence of up to 1 year.
  • There are no regulations particular to how initial testing may be performed but confirmation tests must always be performed by federally certified testing laboratories only.
  • Employers requiring any physical examination as a condition of employment must pay for the cost of examination whether or not the prospective employee is hired. The cost of confirmation testing which may be done by an independent authorized laboratory at the employee’s request must also be at the employer’s expense.
  • Pre-employment drug testing for State and municipal agencies or bureaus is mandatory and applicable only to law enforcement officers, correctional officers and firefighters as well as for positions that are required by federal regulations to undergo testing for substance abuse.
  • Employment required drug testing is authorized only for reasonable grounds based on the employee’s job performance and observations of the employee’s appearance, behavior or speech that shows the use of controlled substance impairs the employee’s ability to perform the job.
  • Employees who are initially tested positive for controlled substances may not be terminated by their employers but must rather be referred to a substance abuse professional for assistance. Follow-up testing may be required by the employer and if such tests indicate continued use of controlled substances, the employer may then proceed with terminating the employee.
  • 10 Things to Know To Pass A Drug Test In Wisconsin

    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.

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