Last updated : December 23, 2024
The state of Wisconsin has no comprehensive or general drug testing laws that regulate or prohibit workplace drug testing. Wisconsin employers are free to randomly test current employees for drugs and alcohol without the fear of being prosecuted in civil court for violating state laws. Without drug testing laws in place, Wisconsin employers are put in a position of power and can decide to fire or not hire any employee who fails a drug test or refuses to take one. This is excellent news for employers who wish to take advantage of drug testing in the workplace and benefit from increased production and lower accident rates.
Public Works Contractors
Wisconsin may not have any laws or regulations pertaining to private employers, but the state does require certain public works contractors working on public works projects to perform workplace drug testing. As long as drug testing procedures adhere to state and federal guidelines, public works contractors are able to request their employees to submit to drug and alcohol testing under any of the following circumstances:
- Post-accident
- Random
- Reasonable suspicion of use
Although some public works contractors must ask their employees to submit to drug and alcohol testing under these circumstances, drug testing is not required or prohibited by private employers. Employers have the ability to decide upon their own drug testing initiatives and implement a drug-free workplace program of their choice.
Applicant Drug and Alcohol Testing
The lack of state drug testing laws and regulations allows Wisconsin employers to test job applicants for drugs and alcohol as long as they do not break any discrimination laws and they handle sample specimen correctly to ensure accurate testing results. However, the following criteria must be followed when testing applicants prior to making a hiring a decision:
- Prospective employees must be advised in writing that drug testing is part of the pre-employment process.
- Applicants must give written consent before any drug testing can be administered.
- An applicant must have already received a job offer that is contingent upon the successful completion of a pre-employment drug test.
- A state-certified drug testing facility must perform the same tests under the same conditions for all applicants for the same position.
Employee Drug and Alcohol Testing
As of 2007, employees in the state of Wisconsin may be terminated from employment for failing or refusing to take a drug test. Certain medical and health workers, employees involved in the handling of explosives or toxic chemicals, public safety and security workers, pilots, and commercial drivers must all submit to random drug testing under Wisconsin’s new drug testing procedures. Every other employer has the ability to implement a drug testing program of their choice. Of course, any employee has the right to refuse to comply with a company’s drug testing policy, but unless they can prove that they have been the victim of discrimination, they run the risk of being terminated and losing their unemployment benefits.
Drug Testing Conditions and Procedures
The state of Wisconsin gives employers a fair amount of leniency in implementing their own drug testing programs, but employers must follow a few guidelines in order to avoid potential controversy. A successful drug testing program should be clearly written and distributed amongst employees. Employers must also choose a state-certified drug testing facility that agrees in writing to provide a written confirmation of all positive drug testing results, describe the chain of custody of the specimen during the testing process, clearly indicate the substances that were found in an employee’s specimen, indicate the specific tests that were conducted, and provide the employer with test result copies. It is essential that employers have all of these documents in case an employee files an unemployment insurance claim against the company after being terminated for a positive test result.
Employers across the state of Wisconsin are benefiting from implementing drug-free workplace programs. Although the cost of issuing employee drug tests falls on the shoulders of employers, the increased production, heightened workplace morale, and decline in drug or alcohol-related accidents has been quite noticeable. Drugs like marijuana, cocaine, heroin, ecstasy, and amphetamines can pose a serious danger in the workplace. With non-existent drug testing laws and regulations, employers across the state are implementing drug testing policies and benefiting from a safer and more productive work environment.
