Skip to Main Content

Wisconsin Drug and Alcohol Testing Laws

Thursday, May 2, 2013
Print

Wisconsin does not have a statute or regulation that generally prohibits or regulates workplace drug and alcohol testing by private employers. However, Wisconsin law requires private employers working on public works construction projects to have a written program in place for the prevention of substance abuse by their employees.

In addition, transportation employees in Wisconsin, such as drivers of commercial motor vehicles, must comply with the Wisconsin Department of Transportation’s (WIDOT) Motor Carrier Safety Regulations regarding workplace drug testing. These regulations mirror the U.S. Department of Transportation (DOT) Federal Motor Carrier Safety Administration’s (FMCSA) drug and alcohol testing regulations.

Drug and Alcohol Testing for Public Works Contractors

Wisconsin’s drug testing laws require all private employers working on public works construction projects to have a written program in place for the prevention of substance abuse by their employees. The program must be in place before the employer starts work on a project, and must require that employees performing work on the project submit to:

  • Drug and alcohol testing before starting work on a project;
  • Random drug and alcohol testing;
  • Reasonable suspicion drug and alcohol testing; and
  • Post-accident drug and alcohol testing.

Testing Procedures

Wisconsin law does not require or prohibit any particular kind of testing, does not regulate where testing may take place and does not regulate which substances employers can test for. However, all employer drug and alcohol testing must follow guidelines for laboratory testing and chain-of-custody procedures set by the Substance Abuse and Mental Health Services Administration of the federal Department of Health and Human Services (HHS).

Following a positive test result, an employer must:

  • Not permit the employee to perform work on a project; or
  • Immediately remove an employee from work on a project.

The employer’s written program to prevent substance abuse among employees must include a procedure for notifying an employee who tests positive for a drug that they may not perform work on a project. The employee may return to work on the project if the employer provides documentation to the contracting agency (that is, the state or municipality) showing that the employee has:

  • Tested negative for the presence of drugs;
  • Is not under the influence of alcohol; and
  • Has been approved to return to work on the project under the employer’s substance abuse.

Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your legal or medical needs.

Get Started

Let Your Aspirations Set the Agenda

Grow with who you know. Reach out to us today and start the conversation, so you’re better protected and prepared for what comes next.

Talk to an Advisor

man looking left