Wisconsin State Drug Testing Laws
Workplace drug testing issues – State Laws – Wisconsin
These categories do not affect 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 Issue |
Status |
Comments |
| Instant or POCT Testing |
No restrictions |
|
| Drug Panels |
No restrictions |
|
| Laboratory |
No restrictions |
|
| Medical Review Officer |
No restrictions |
|
| Random Testing |
No restrictions |
|
| Post-Accident |
Restrictions |
Drug 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 Suspicion |
No restrictions |
|
| Oral Fluids |
No restrictions |
|
| Hair Testing |
No restrictions |
|
| Unemployment Denial |
Yes |
Testing positive or refusal to take a drug or alcohol test violates an employer's policy is considered misconduct. |
| Workers Comp Discount |
No |
Wisconsin Statute |
| Intoxication Defense |
Yes |
See 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 comply 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%. Still, 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 design
of your actual substance abuse testing program and with any questions that follow.
View Individual State Law Summaries
|
