Wisconsin Drug Laws
We are going to explore two aspects of Wisconsin drug laws and the information necessary to learn how to pass a drug test in Wisconsin.
Learning The Basics Of Wisconsin Drug Laws.
First, we are not attorneys and can not provide specific advice on the Wisconsin Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Wisconsin drug laws.
Second, for those of you who are concerned with those Wisconsin Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Wisconsin.
There Are Four Major Drug Tests Given In Wisconsin.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Wisconsin.
Wisconsin Drug Laws For Employees.
Wisconsin Drug Laws allow drug testing in certain situations as long as the employer follows the procedural rules. Wisconsin employers with a drug-free workplace program must test employees in the following circumstances:
- after an accident resulting in lost work time.
- on reasonable suspicion of drug use (reasons for suspicion must be documented and made available to the employee on request).
- as part of a routinely scheduled fitness-for-duty medical examination.
- after the employee returns to work following rehabilitation for a positing drug test. Testing is not required if the employee entered rehab voluntarily, rather than after a positive drug test.
In addition, employers may conduct random drug testing as they see fit.
Notice and Procedural Rights for Employees.
Wisconsin law doesn’t prohibit or restrict employee drug testing. Although many states have passed laws regulating or restricting an employer’s right to require drug testing, Wisconsin is not one of them. Although Wisconsin requires state contractors on certain public works projects to drug test, no Wisconsin statute addresses drug testing in private employment. Workplace drug testing is neither required nor prohibited.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Wisconsin? Even though Wisconsin Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Wisconsin Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. A Wisconsin employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Wisconsin Drug Laws.
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The Wisconsin Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Wisconsin Are For Breaking Wisconsin Drug Laws For Marijuana, Not Federal Or Local Laws.
Wisconsin drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Wisconsin behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Wisconsin using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Wisconsin is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Wisconsin Drug Test Laws.
- Legal View – Wisconsin State law defines necessary drug tests for certain jobs. Apart from the mandatory jobs, the state does not limit or direct employers to have employees undergo drug tests. The law states the procedure and agency that will be recognized in case of a contest to a claim.
- Individuals – Wisconsin mandates the need for regular drug and alcohol tests for contractors and sub-contractors working on public works projects. The law allows testing of students as well. Employers may choose to send all employees or those engaged in high-risk jobs for drug testing
- Policy – The law does not mandate the need for a written policy except in the public works construction projects. A policy becomes a necessity when contesting a worker’s compensation/ unemployment claim. The presence of a policy provides a guideline to the organization in the absence of a legal framework.
- Testing Positive – The law mandates that contractors and sub-contractors employed in public works construction projects must be banned or removed from the project if the test result is positive. A worker’s compensation claim may be reduced by up to 15%, limited to a maximum of $15000, in case of a positive result.
- Drugs Covered – SAMHSA-required substance tests are necessarily carried out on public works contractors and sub-contractors. Apart from this, the law does not mandate a list of drugs to be tested for.
- Agency – The public works project contractors and sub-contractors are made to go to a SAMHSA-approved drug testing agency for carrying out the tests. Other employers are free to choose the drug testing agency, but will require a report from a SAMHSA-approved agency when they decide to take legal recourse against an individual.
- Timing – Public works construction project contractors and sub-contractors may be randomly asked to submit to substance testing procedures. Substance tests must be carried out after an accident at a public works site to rule out the possibility of intoxication being the cause. Behavior changes in public works contractors and sub-contractors that point to the possibility of substance abuse are also a trigger for a substance test. The law does not specify the appropriate timing for drug tests for other types of jobs. Regular and random tests may be carried out on the decision of the employer.
- Cost Incurred – The law directs employers to bear the total cost of medical exams. However, it is yet to determine and state whether drug/ alcohol tests form part of medical exams.
- Notice – Notices are not mandated at the workplace under state law. The absence of a notice cannot be regarded as a reason for substance abuse at the workplace.
- Method – State law accepts the test results of SAMHSA-certified procedures or there may be a court decision on the procedures that are necessary for public works contractors and sub-contractors. The procedure adopted for other work types comes under question if there is a need for legal action.