There are no laws in Wisconsin that require or prohibit drug tests in the workplace. Therefore, an employer can legally drug test a job applicant as a condition to the offer of employment. Employers should establish a written drug-testing policy and make it available to applicants/employees prior to testing. Certain positions of employment have their own drug testing regulations (e.g. law enforcement, pilots, certain health care professionals). These employers should follow their pre-established regulations when executing drug tests.
A private employer should consider the following details before commencing with their drug test:
- The test should not infringe upon the subject’s right to privacy
- Only testing employees of a specific age group, race, or gender could be considered a form of discrimination
- Prescription medications might interfere with test results
- Positive tests results should be kept confidential
Can Current Employees be Tested? Yes.
Is Certified Testing Required? No.
Laws – None
What Can be Tested? No limitations.
How to Conduct a Legal Drug Test
Step 1 – Start by having the subject complete a Drug Test Release Form. Once complete, the subject should provide one of the following samples:
The sample should be collected with respect to the individual’s right to privacy. Violation of the subject’s rights could lead to a legal claim against the company.
Step 2 – With the sample collected, it must be brought to a medical laboratory for testing. The Substance Abuse and Mental Health Association (SAMHSA) has a complete list of certified drug testing labs in the country. However, certified testing is not required by law, so feel free to bring the sample to any Wisconsin medical laboratory that offers drug testing (see Locations).
Step 3 – While not required, a positive drug test should be confirmed by a secondary test to confirm the results. An employer can terminate an employee who refuses a drug test or who tests positive for drugs or alcohol. Likewise, an applicant may be disqualified from employment if they refuse or fail a drug test.