Wisconsin Memo to All Employees Regarding Drug Testing
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FAQ
Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.
Drug-testing in the workplace can only usually be justified for health and safety reasons. This means that an employer should not drug test unless there is good reason to do so, and it provides significantly better evidence of impairment than other less intrusive means.
As long as it is written into the employment contact, a company is able to test all or some of their employees on a random basis.
The provisions prohibit employers from using drug testing or the threat of a drug test to discourage workers from reporting on-the-job injuries and illnesses. Specifically, OSHA said employers shouldn't administer blanket post-accident drug tests in situations when drug use likely did not cause an injury.
No Drug Testing Statute in Wisconsin Although many states have passed laws regulating or restricting an employer's right to require drug testing, Wisconsin is not one of them.
Yes. Section 1904.35(b)(1)(iv) prohibits an employer from taking adverse action against employees simply because they report work-related injuries. Rather, employers must have a legitimate business reason for requiring a drug test, such as a reasonable belief that drug use contributed to the injury.
If you are a federal employee, Executive Order 12,564 requires that action be taken if you test positive for a drug test . You will be referred to an employee assistance program (EAP), and you must comply with the program's rules and cease future drug use, or else you will be subject to termination.
Under the new rule, post-accident drug-testing is okay only if there is an objectively reasonable basis. According to OSHA, this can include situations where employee drug use is likely to have contributed to the incident, and/or when the drug test can accurately identify impairment caused by drug use.
