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Businesses or organizations in Wisconsin and in any other states need to ensure that their commercial drivers and operators, such as truck drivers, undergo drug testing. This test is one of the many requirements in obtaining a CDL or Commercial Driver’s License.

Federal Motor Carrier Safety Administration or FMCSA and the Department of Transportation Office of the Secretary has published a complete set of drug testing rules applicable to drivers with CDL and their employers. The rules are applicable to safety-sensitive employees and employers, such as those who lease or own commercial motor vehicles, private and for-hire motor carriers, government, churches and civic organizations, among others.

Drug Testing Types

There are different types of drugs tests that are required for truck drivers and other commercial drivers in Wisconsin. Pre-employment tests are conducted prior to hiring an employee. Another testing type is the one conducted on an employee after he exhibits symptoms of substance abuse. This is referred to as reasonable suspicion testing. Sometimes, an accident has already happened and it is logical to conduct a test if there are grounds to suspect illegal drugs or substance is involved. There is also the random testing, in which a good amount of employees are selected randomly for tests. These tests are usually unscheduled. Other testing types are return-to-duty and follow-up.

Drug Testing Procedures

The main sample analyzed for drug presence in the system is urine. The law requires that a urine specimen is divided into two bottles, one being the primary specimen and the other being a split specimen. The bottles are properly sealed and labeled, and sent to a drug-testing laboratory. The procedures used in collecting the specimen and transferring custody ensure that there is no compromise in the identification and integrity of the sample. The actual analysis is conducted in Department of Health and Human Services (DHHS) certified and consistently monitored laboratories. Only the primary specimen is opened and analyzed, and if the results show presence of illegal drugs, the driver will be sent a notification. He has 72 hours to ask for the split specimen to be sent to another laboratory for a second opinion.

Illegal and Controlled Substances

Wisconsin truck drivers are tested for presence of several illegal and controlled substances. The urinalysis will be used to determine if a driver has Marijuana, Cocaine, Amphetamines, Opiates (including heroin) and PCP or Phencyclidine in his system. Some MDMA or methylenedioxymethamopetamine, commonly referred to as Ecstasy contains PCP and will show up in laboratory results. The same applies for other substances which contain the five drugs mentioned above.

The process for analyzing urine samples for drug presence is composed of two stages. The first stage is referred to as screening test, and if the result comes back positive, a confirmation test will be performed for each identified drug. Confirmation testing is the second stage. A Medical Review Office (MRO) is responsible for reviewing and interpreting the results prior to reporting to the employer. He has to interview the employee to determine whether the positive drug test result is a from substance abuse.

Importance of Testing for Drugs

Drug testing, whether random or scheduled, plays a vital role in ensuring that a work environment is drug-free. It is an employer’s responsibility to conduct these tests in a consistent manner. Ideally, for random, unannounced drug tests, the total number of safety-sensitive drives to be tested should be at least half. Supervisors and team leaders must attend at least an hour of education and training on the various symptoms and signs of drug abuse. The information can help establish a solid ground for reasonable suspicion testing.

Apart from being a requirement prior to issuance of CDL, there are other reasons Wisconsin commercial drivers should be tested for drugs. Drivers who are drug users are highly likely to get in an accident, which will in turn result to personal injury, destruction of property and even death. In addition, they can be arrested, fined or have their licensed revoked. Depending on the situation, the accident can also result to a person not being allowed to drive for the rest of his life. This can affect a business in a negative manner, not only because of the bad reputation, but also because of loss of a skilled employee.

If you don’t currently require drug testing as a condition of employment at your business, you may believe that what people do on their own time is a private matter. However, this is true only to the extent that it does not negatively impact others. For instance, if one of your employees is addicted to amphetamines and begins to steal from the company or from coworkers to support that habit, how is that fair to your company or to your other employees? Statistically, most employee theft occurs by those who are trying to support a drug habit. Cocaine in particular is very expensive, and average salaries simply don’t provide most people with the funds necessary to indulge in regular use of this drug. However, because it’s highly addictive, many users resort to illegal activities to obtain the money that they need to purchase it.

Marijuana use may seem benign, and if you are in one of the states that have recently decriminalized its use and possession, you may feel that it’s no big deal if an employee uses it during his or her own time. There are also many users of medical marijuana, and it may not seem fair to you to deny them a job opportunity because of the type of medicine that they take for an illness. This is a personal decision that only you can make, but you should know that heavy marijuana use can result in workplace accidents. Your insurance rates have the potential to skyrocket if accidents among employees become common at your place of business.Although most people aren’t going to use drugs like ecstasy while they are on the job, this drug can have powerful side effects that can significantly impact the work performance of those who use it. Anxiety and paranoia are frequently experienced by ecstasy users, and this can have an awful effect on production levels as well as on general workplace morale. Studies have shown that most people who abuse this drug tend to do so on weekends because it’s essentially a “party drug,” and terms such as “suicide Tuesday” even exist among users for the psychological effects suffered during midweek as a result of coming down from the drug.Heroin users tend to be more solitary types who do not indulge in their substance of choice as a way to relax at parties or other social gatherings. Like cocaine, heroin is an expensive drug that the average wage earner simply cannot afford without engaging in illegal activity. It is not at all uncommon for those who use heroin to steal from their employers and their coworkers to support their habit.

No matter what drug is involved, those who indulge in recreational substance abuse are frequently absent from work. When they do show up, their performance is often substandard, and other employees usually end up taking up the slack for them. This can lead to resentments among your staff and can even be the cause of high turnover.

One of the main disadvantages of not requiring a drug test before putting people on your payroll is that it will become known in your community that your business does not require drug testing. This will result in an increased amount of applications from those who regularly take drugs, and you could end up with a workforce made up almost entirely of those who use illegal substances. The success of your entire business will be at risk if this becomes the case, and you may even get a bad reputation in your business community.

Requiring drug testing is an excellent way to screen out undesirable applicants because most of them will not even bother to send a resume or fill out an application if they know that they will be asked to submit to a drug test. This will save you a significant amount of time on looking through applications and interviewing potential employees. You will also be doing your current employees a favor by not expecting them to work with people with substance abuse problems.

Becoming a drug free workplace will benefit everyone involved, and you might even save money on your insurance premiums if you implement a drug testing policy.

Employee drug testing policies are important for the productivity of almost any company. Some businesses, especially small businesses, believe that what their employees do on their own time is their own business. It’s difficult for business owners who have never done drugs to understand exactly how badly drug use can affect employee productivity. Different drugs have different effects on both recreational and long-term users, and can affect employees even when they’re not actively using them.

Marijuana is the drug most commonly used by employees, and many people don’t see it as very harmful. It is not physically addictive, though some studies have shown it to be psychologically addictive. If this drug is used while at the office, it can cause many intoxication effects similar to alcohol, such as delayed reaction time and confusion. While this may not be terrible for an office worker, it can be very dangerous for someone working with heavy machinery, or someone who has to drive in the course of their work. In the event that an employee injures someone else in the course of their duties and the company was not drug testing their employees it can open up the company towards liabilities. While this is not a hard drug, it has been seen to cause a lack of motivation and sometimes even depression in people. This can directly lead to poor work performance.Amphetamines are very popular with younger generations, and are often considered a party drug. Amphetamines keep people up for large periods of time, which allows them to be out and have fun for longer. The use of these drugs can lead to paranoia, irritability, hallucinations, and symptoms similar to that of schizophrenia. These drugs can be addictive, and if done at work can have significant effects on performance. A worker on amphetamines might be very efficient and fast at their work at first, but later may start to believe all the other employees are plotting against them, or that they are being talked about behind their back. People on these drugs also usually crash following usage, which may lead to taking unnecessary sick days.

Heroin initially gives users a very powerful high, but eventually leads them towards developing a very strong dependency. There are many who say an addiction to this substance is the worst possible addiction there is. Heroin use may not directly affect the worker’s job if the worker is using it only to relieve their addiction and not to get high, but an addiction to this substance is not sustainable. This drug is very expensive, and the users crave it constantly. That means that this drug very often will lead its users to crime, and this crime could directly relate to the employee’s company. If the user is using the drug to get high, they may often lose consciousness, otherwise known as nodding out. This can lead to lost work and time.

Cocaine use is similar to heroin in that some of the problems that it presents are financial ones. Cocaine is also an expensive habit, which can often lead its users to criminal acts. It’s also an upper, that can lead to paranoid and aggressive behavior. While it was often used to increase employee productivity in the past, when abused this drug can lead to irritable and unpredictable employees.

Ecstasy is a drug that many business owners may be surprised to know that a lot of their employees are doing. Ecstasy has recently come back into popularity as a party drug. When used, this substance makes the users feel extremely happy and carefree. Since these effects only last 3-5 hours, users of this drug believe that it’s as harmless as alcohol. However, long-term use of this drug creates depression, paranoia, and wild mood swings. It also affects concentration and severely reduces memory retention. Worse, this drug usually sends users into a deep depression about 3-4 days after use. This will often lead to workers calling in sick after a weekend of abusing the drug, and the workers themselves may never connect the dots because of the delayed reaction.

Drug testing for most companies is a very good idea. Even though employees have their own free time, drug use on any level will affect their job performance. Many employees do not realize how much of an effect on their work their party drugs have. This necessitates action by the company to make sure that their company is performing as well as it can.

According to the Substance Abuse and Mental Health Services Administration’s (SAMHSA) 2011 National Survey on Drug Use and Health, an estimated 22.5 million Americans reported using illicit drugs during the month prior to the survey. The illicit drugs reported in the survey included marijuana/hashish, cocaine (including crack), heroin, hallucinogens (such as Ecstasy and amphetamines), inhalants, or prescription-type psycho-therapeutics used non-medically.

An important factor in making sure you have a safe and efficient workplace is to make sure employees are healthy enough to perform their jobs properly. Aside of annual physicals and promoting wellness activities around the office or workplace, it can be hard to determine if an employee is abusing drugs or alcohol. Unless you conduct frequent or random drug testing, you may never know if an employee is taking a controlled or altered substance.

There are countless drugs that are available both legally and illegally that someone can abuse. Most commonly, marijuana, cocaine and heroin are abused throughout the U.S. and around the world, both in and away from the workplace. When the effects of drug abuse carry over into the workplace it will affect employee performance and cost your company money when dealing with the short and long term effects of drug abuse. In addition if the employee harms himself or others as the result of being under the influence of drugs or alcohol, your company can be held responsible. There are things you need to know before you fire or terminate an employee if you find out he or she has been using drugs.

The effects of drugs in the workplace

Most workers are protected by discrimination laws that prevent drug testing in the workplace. If an employee feels singled out or it is not stated in the employee handbook that he could be drug tested at any given time, he could seek legal recourse to protect his job. It is important that an employee signs the employee handbook or other legal documents giving you permission to drug test him if the suspicion of drug use is raised. This should be an important part of the employee hiring process.

Marijuana is a type of drug derived from the hemp plant and is the most commonly used drug in the U.S. one in 300 people have an addiction to this drug. Signs that an employee may be using includes red eyes, slowed reaction time, paranoia and anxiety. If you find this type of drug on an employee because it is illegal in most states, it can be grounds for instant termination. If the employee has a medical marijuana card, you should reconsider termination on those grounds.

Heroin is a much more serious drug. A member of the opiate family, this drug has serious psychological and physical effects. Once used, it binds with the brain’s natural opioid receptors and begins to generate feelings of warm flushing of the skin, heavy feeling in the extremities and severely decrease mental and cardiac function. Finding needles, drug paraphernalia or drug residue can be grounds for immediate termination. Because Heroin in a narcotic and is illegal to use and possess, it is at our discretion to terminate an employee for using this drug while at work.

Cocaine is a psychoactive and powerfully addictive stimulant drug. It is illegal to use and possess in the U.S. Having an employee who takes this drug while working can lead to damaging behavior and actions that could lead to harm. Any change in behavior that results in hyperactivity, increased energy, reduced fatigue followed by a crash of exhaustion or unproductively could be a sign of drug use.

Employee accidents

Employee accidents that occur should involve a complete investigation to rule out drug use or foul play. While accidents happen to the best of employees, if an investigation proves that drug use was a factor, the employee has definite grounds for termination. If the employee causes harm to others, himself and equipment or property, you have the right to file a lawsuit for damages.

Employee termination

Terminating the employment of an employee is suspected to be under the influence or has failed a drug test can be challenging. You will have to prove that the employee was not following his duties correctly and was not performing to a satisfactory level. You must also prove that he put his life in danger as well as others within the workplace.

Keeping documentation and supporting paperwork in an employee’s permanent employee file is necessary in case he files an unemployment or wrongful termination claim. It is at the employer’s discretion whether to suspend an employee without pay or terminate him without further notice based on your employment policies.

Accidents involving OWI (operating while intoxicated) may have numerous ramifications for both, the employee and the employer. In Wisconsin, the law does not distinguish between driving under the influence of alcohol, marijuana, cocaine, other illegal substances, and legally prescribed drugs. Therefore, accidents involving employees driving while intoxicated can easily result in lawsuits filed against the employee and employer by any injured third parties.

Ramifications for the Employer

Under certain conditions, an employee’s actions or lack of actions can expose the employer to liability lawsuits. The injured third party may file a vicarious liability claim based on the theory of respondeat superior. The ideology behind this theory is that if the employer has the right to tell the employee what to do in order to reap rewards from the employee’s actions; then the employer should also have the responsibility of accounting for whatever consequences come from that employee’s actions. However, it is hard for a third party to win a lawsuit based on the respondeat superior theory alone.

Negligent entrustment may be added to the charges if the third party can prove the employer knew or had reason to believe the employee was not fit to drive the vehicle. Charges of negligent hiring or negligent retention may be brought against the employer if it can be proven that the employer knew or should have known that the employee’s driving would likely endanger others due to a past history of chemical abuse. Claims of negligent supervision may also be made by the injured party. Fortunately for the employer, all of these claims are very hard to prove in the Wisconsin circuit courts.

Unfortunately, the employer may still have to deal with the problem employee. Due to the protection provided by the American Disability Act, some employees with drug problems may not easily be fired. However, if the employee was OWI due to alcohol instead of marijuana, cocaine, or other illegal substances, then the person may be fired without further notice. That is, the employee can be fired as long as the company had a properly enforced drug and substance abuse policy in place at the time of the accident. However, the employee may still be entitled to file a workman’s compensation claim at a decreased compensation rate.

Ramifications for Employee

The ramifications for the employee can be quite devastating and affect the person for a very long time. Simply being involved in the accident can be very traumatizing. Adding in the experience of undergoing a Preliminary Breath Test, and then an additional Blood Alcohol Content (BAC) chemical test leads to even more traumatic stress. Then the accident and OWI begin to impact the person’s employment, credit and insurance ratings, social status, and other areas of the person’s life.

Depending on whether it is the person’s first offense or a repeat offense, the employee may face various penalties. The first offense typically results in a citation and fine, along with a suspended license from six months to a year. Ignition Interlock Devices (IID) are placed on the person’s vehicle if the BAC is .15 or higher. An ADOA Assessment may also be ordered. Moreover, the vehicle may be impounded.

The second offense become a misdemeanor and is punishable by up to one year in a county jail. The person’s driver’s license is suspended for a minimum of one year, and an IID is mandatorily installed on all vehicles owned by the person. AODA Assessment and treatment are also mandatory. The third offense turns into a felony charge if there were any prior OWI arrests during the previous five years. The third offense turns the person into a felon facing a prison sentence lasting from one year to life. Mitigating factors, such as injuries , property damages, or having a minor under 16 years old or a pregnant woman in the car may also increase the punishment’s severity.

Seeing Legal Assistance

Due to the severity of the punishments and fines, as well as the high liability risks, it is best to seek out the aid of an experienced OWI attorney immediately upon arrest. Whether you are an employer trying to protect your business or an employee being charged with OWI, you will definitely need the services of a highly trained legal professional. The ramifications are too important to just ignore.

Wisconsin, although attempting to take a more lenient approach to substances such as marijuana, has not yet made a full transition. Therefore, if an employee has substances in his or her body at the time of an accident, there can be some serious penalties.

At the present time, Wisconsin has some of the strictest penalties of any of the surroundings states. While some of its neighbors have a harsher first offense policy, none of the other states make a second offense into an automatic felony. In other words, someone with a controlled substance arrest 18 years ago will automatically have another offense become a felony.Let’s say that an employee is on company business and has substances in his or her body when an accident takes place. The first consideration is going to be whether or not the accident was caused by the employee. For example, if the employee is sitting at a red light and gets rear-ended by an inattentive driver, an attorney can argue that the fact the employee had used substances would not have changed the outcome of the accident. On the other hand, if the accident is caused by the employee, the consequences can be far more serious.In Wisconsin, anyone who drives a motor vehicle gives implied consent to being subjected to breath tests or providing blood or urine samples. In the event that the driver fails to allow the test to be conducted, the driver is subject to a one year suspension of his or her driver’s license.

There are extenuating circumstances, however, such as if the driver has a prescription to use marijuana. It is important to understand, however, that it has to be a valid prescription. There have been drivers who have carried around paperwork that has a physician recommending the use of the substance, but under the conditions of the law, that paperwork is useless.

Something else that needs to be considered if an employee has substances in his or her body at the time of an accident is whether or not the employee is injured enough to apply for worker’s compensation. The employee and employer file paperwork to the State of Wisconsin Department of Workforce Development and the DWD decides whether or not the claim is valid. However, if there is an issue as to whether or not the employee was under the influence of an illegal substance, there is a strong possibility the claim will be denied. If the claim is denied, the employee can either file a formal appeal or can hire an attorney to contest the claim in court, but because of the substance that may have been found in his or her system, the claim still may be denied.

Unlike alcohol, some substances remain in the body for hours and even days from the time of initial usage. This is factored into cases involving accidents. An individual might have traces of a substance in his or her system, even though a significant length of time has passed since using the substance and being involved in an accident. It would be advisable to get an attorney for any legal problems that might arise as a result of the accident. The attorney can introduce any mitigating factors into the case, as well as dispute any test results.

If you’re looking for a job in the Milwaukee area, you need to understand that a growing number of employers are making drug tests mandatory for all job applicants. In the past, higher level jobs were the only types of employment where a person might be required to undergo drug testing. Today, jobs at all pay levels are using drug testing to ensure that a potential or existing employee isn’t using illegal drugs like marijuana, cocaine as well as many others.

While there are many different types of drug testing available to employers, such as saliva, hair, blood and the perspiration tests, the most widely used test the urine test. However, there are several different urine tests that are used in order to detect drugs in a person’s system. Here are a few of the different urine test that may be used.

The EMIT

The Enzyme Multiplied Immunoassay Test (EMIT) is the most common type of drug testing. This is mainly because it is both simple and affordable. This test employs the use of an enzyme to detect a residual drug signature in a person’s body.

One of the downsides to this sort of testing is that its failure rate can be quite high. While the University of North Carolina puts the accuracy rate of the EMIT test at 95 to 97 percent, in the UK, where this test is also frequently used, a reported failure rate of 4 percent to upwards to 34 percent is common.

In addition, this test has a very narrow spectrum of drugs it can test for and its results can be vague. This test only shows the presence of the five major drugs as established by the Substance Abuse and Mental Health Services Administration. These drugs are cocaine, marijuana, phencyclidine, opiates and amphetamines. It’s also important to remember that this test only detects the drugs not the amount of a certain drug that is present in a body.

The GC-MS

The GC-MS test is a more detailed drug test where the urine is vaporized and this vapor creates what is known as spectral peaks. These peaks allow for a better idea of the various drugs that may be present and in what quantities the drugs exist within a person’s body.

This test is very accurate at 98 to 99 percent, but the downside of this test is that it is extremely expensive, mainly due to the cost of the equipment needed to properly conduct this type of drug test. Most employers that do a considerable amount of hiring will typically not use this type of testing because of its high cost.

The RIA

There is also the RIA or Radioimmunoassay. This test is quite similar to the EMIT only instead of using an enzyme for the detection of drugs, this test uses a radioactive isotope, in most cases iodine. This test is highly volatile, precise and expensive, and it is typically used for governments and the military.

The FPI

The Fluorescence Polarization Immunoassay (FPI) is like the RIA is similar to the EMIT but it uses fluorescent compounds to detect antibodies of various drugs. While this is a very precise method of testing, it isn’t used very often in an employer drug testing process.

If you are looking for a job in Milwaukee the likelihood is that if you have to take a drug test, it will probably be an EMIT. This is important to know because with its suspect failure rate, if your test were to return positive for an illegal substance, you may have recourse to be retested for a potential false positive drug test result.

This may be more difficult as an applicant than it would be if you were an existing employee having to participate in random drug testing. If, however, you get what you believe is a false positive, you have recourse that may help get you the job that you want or help you to keep your current job as well.