State: Wisconsin
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Pass Drug Testing Bulletpoints:
  • State contractors for public works are required, prior to commencing work on a project, to have in place a written substance abuse prevention program for their employees especially for those working on the projects.
  • Drug testing required for state contractors include random, reasonable suspicion, and post-accident as well as drug and alcohol testing prior to commencement of work on a project. All costs related to the program for substance abuse prevention as required shall be at the employer’s expense.
  • All drug testing pursuant to the provisions pertaining to state contractors must be performed in accordance to federal guidelines and procedures established by the Department of Health and Human Services.
  • Employees of State contractors who test positive, refuses to undergo drug or alcohol testing, or otherwise violates the provisions of the regulation may not perform nor have access on the work project. The law allows employers to immediately remove any employee from work on a project under such conditions or when representatives of the contracting state agency have reasonable suspicion and requests for the removal of the employee in question.
  • Workers’ compensation benefits may be decreased by 15% up to a maximum value of $15,000 for injuries that are due to alcohol intoxication, illegal use of controlled substances or analogs, or the employee’s failure to abide by any known reasonable rule adopted by the employer.
  • 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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