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Wisconsin Drug Testing Compliance

Capital Madison Population 5,778,708
Largest city Milwaukee
Area 65,498.37 sq mi
Criminal rate 31 crimes /10,000 people Time Zone UTC -6/-5

Wisconsin Employee Background Check Laws

Wisconsin

Legal status for workplace drug screening and alcohol testing

Our intent is to make Wisconsin drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Wisconsin.

Wisconsin is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice however, there may be federal rules to consider that may restrict your program in other ways.

This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when drug and alcohol testing in Wisconsin.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Wisconsin.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Reasonable suspicion, post-accident, and random are required of public works contractors, and subcontractors.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Public workers programs require the SAMHSA panel; otherwise, no restrictions apply.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: Strongly encouraged given the restrictions in some cities for drug testing.
Q7: What types of specimens can we test for?
A: No restrictions.
Q8: Are there restrictions for Alcohol Testing?
A: Required of public works contractors and subcontractors (and must comply with federal regulations).

Did you know?

Q1. Can I do all reason for drug testings in Wisconsin?

Correct!

There are no limitations for reasons of drug testing in Wisconsin.

 Answer is “Yes”

Wisconsin Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing. There are no known regulation limits on workplace drug or alcohol testing. Since there are no known state statutes, regulations, or court decisions, you may be free, within the limits of applicable federal rules, to draft any policy you wish, and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.

The law does not address the workplace in any fashion.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: November 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Wisconsin Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Wisconsin personal and medical use of marijuana.

Medical Use: A.B. 726 was signed by the Governor April 16, 2014. The law became effective on April 18, 2014. The law is very limited, and only allows physicians or pharmacies to dispense “cannabidiol” (CBD- a non- psychoactive element of the cannabis plant) only if the patient has been given both approval to do so from the FDA and his or her doctor. There isn't any type of legislation's pending regarding this law that would impact the Wisconsin workplace.

Personal Use: There is currently no personal use statute in Wisconsin.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Update: November 2017

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

Update: November 2017

TO PAGETOP