Federal & State Regulations | Drug testing - Wisconsin

State Info

Summary of differences between federal and state regulations

Public Works Projects

An employer needs to have a written program for the prevention of substance abuse in place before beginning work on a public works project. Under the program, employees must submit to pre-employment, random, reasonable suspicion, and post-accident drug and alcohol testing. Specific testing procedures must be followed.

Workers’ compensation
Wisconsin’s workers’ compensation law stipulates that no compensation or death benefits shall be payable to the injured employee or a dependent of the injured employee if an employee violates the employer’s policy concerning employee drug or alcohol use and is injured, and if the violation is causal to the employee’s injury. An employer remains liable for medical costs.

State

Contacts

Department of Workforce Development

Regulations

Wisconsin Statutes Annotated Chapter 103, §103.503

Wisconsin Statutes Annotated Chapter 102, §102.58

Federal

Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.

Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.

Contacts

Drug testing rules

U.S. Department of Transportation

U.S. Department of Labor

Regulations

DOT drug testing rules

49 CFR Part 40

49 CFR Part 382

Drug-Free Workplace Act of 1988

United States Code at 41 U.S.C. 81

29 CFR 1904.36

Guidance document