Drug Testing

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The Bottom Line

It comes down to the law. Here in Wisconsin, there are no laws mandating drug testing or a drug free workplace. There are two related state laws:

WISCONSIN Workers' Compensation State law may reduce compensation benefits by 15% if an employee's injury results from intoxication or the use of a controlled substance. The total reduction may not exceed $15,000. Wisc. Stat. Ann § 102.58 (1997).

WISCONSIN Unemployment Compensation Benefits may be denied for misconduct. Misconduct may include an employee's use, possession, or impairment due to the use of a controlled substance, or violation of a work rule relating to controlled substances. Wis. Stat. Ann. §108.04 (1997). According to rules of the Unemployment Compensation Division of the State Department of Labor, a positive drug test may be sufficient to show misconduct under specific circumstances.

If you are doing Federal contract work, though, their is a requirement for a drug free workplace that would have to be demonstrated through drug tests.

The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency.

For more information about the Federal regulations, check out the Department of Labor's website: http://www.dol.gov/asp/programs/drugs/workingpartners/regs/dfwp1988.asp
 
Nick,
First thanks for the jobs postings; I'm referring a guy to the job on Chapel Hill. $12-15/hour, but really good bennies.

Next, Wi's "misconduct" statute reads like a guy could get w/c denied if a trace of THC was in his pee. I'd be all for vitamin C supplementation per mb, for health reasons.

Finally, I've done 4 fed contracts but never had to fill a bottle.
 
As I said before I have worked for two different city agencies in N.Y. and in VA. and both had random drug test. Most cities policy are related to CDL license though I think. People that work for the City of Richmond are tested before hiring and then only randomly tested if they have CDL. Policy states that anyone can be tested at any time as long as supervisor signs off on report stating that the person is suspect. Good luck finding civil service supervisor step up and make that call!
Have only seen one person taken for suspect test and that was because he drove $125K brush truck 60 mph into a ditch at the landfill and the passenger threatened a lawsuit if nothing was done about it. The driver refused test which is considered a positive and was dismissed.

My private company was family owed so policy was a lot stricter at one time drug use meant find a place live also.
 

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