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Wisconsin State Drug Testing Laws

Workplace drug testing issues – State Laws – Wisconsin

These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in Wisconsin

Drug Testing IssueStatusComments
Instant or POCT TestingNo restrictions 
Drug PanelsNo restrictions 
LaboratoryNo restrictions 
Medical Review OfficerNo restrictions 
Random TestingNo restrictions 
Post-AccidentRestrictionsDrug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident.
Reasonable SuspicionNo restrictions 
Oral FluidsNo restrictions 
Hair TestingNo restrictions 
Unemployment DenialYesTesting positive or refusal to take a drug or alcohol test violates an employer’s policy is considered misconduct.
Workers Comp DiscountNoWisconsin Statute
Intoxication DefenseYesSee Note
Medical MarijuanaNo 
Recreational MarijuanaNo 
Report Driver DOT PositivesNo 
General Statute Wisconsin is a drug-testing-friendly state with no restrictions on workplace drug testing.

Wisconsin employers working on public works projects must have a written substance abuse prevention program in place. The program must comply with Wisconsin Statute 103.503

Note Intoxication Defense – Denial of Workers Compensation Claim – If injury results from the use of a controlled substance, as defined in Wisconsin Statute 102.58 or a controlled substance analog, the compensation, and death benefit provided in this chapter shall be reduced 15%. Still, the total reduction may not exceed $15,000.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

View Individual State Law Summaries

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