With the recent legalization of MMJ for recreational purposes in some states and the rise in addiction to opioids, more attention is paid to drug abuse. States with different levels of severity have been trying to find new ways of combating this issue - one way that has caught attention lately has been drug testing.
We all know that drug abuse is a significant problem that states need to deal with. It has led states to pursue different drug testing methods to determine who is abusing drugs and why. Some states are doing so, while others are going the whole way and treating alcohol as a drug.
However, Wisconsin is one state that has taken a stance against drug abuse and drug testing in general. Wisconsin is highly focussing on bringing down the opioid epidemic and might take action with lawmakers looking to combat the growth of opioid abusers.
Let's look at what we know about Wisconsin Drug Testing Laws 2022.
Table Of Contents:
- CPS/Child Protective Services Drug Testing Laws In Wisconsin
- Best Option For CPS Hair Follicle Drug Test In Wisconsin
- New Born Drug Testing Laws In Wisconsin
- Pre-Employment Drug Testing Laws In Wisconsin
- Do Teachers Get Drug Tested In Wisconsin
- Top 10 Companies And Agencies That Drug Test In Wisconsin
- Top 10 Jobs In Wisconsin That Don't Drug Test
- Wisconsin Employer Drug Testing Laws
- What Are The Repurcussions Of Failing A Drug Test On Probation In Wisconsin?
CPS/Child Protective Services Drug Testing Laws In Wisconsin
CPS in Wisconsin is state-run and provides services for children, patients in a mental health institution, and pregnant women. They are primarily responsible for child support enforcement. In the past, drug testing of children has been used by CPS to determine the safety of them living with their parents and ensure that they are receiving proper care.
While there is no specific law that explicitly states that CPS must conduct drug testing on children, it is still a common practice among many in the state.
CPS in Wisconsin has two pathways for drug testing - the first is through their child protection caseworker, who will be able to request the testing, and the second way is through an emergency order.
The child has to be in immediate danger of harm in both cases. Once a child is into CPS custody, they are subject to random drug testing no matter how long they have already been there.
However, the person giving the testing order, who the court appoints, has to be a trained drug testing analyst and has experience substance abuse and addiction. There can be multiple orders for a child at any time, but the person making these has to provide reasons for them.
How Does CPS Drug Test Work In Wisconsin?
In Wisconsin state, CPS work starts as soon as a CPS worker creates a report. Anyone can report a child for neglect, abuse, or anything else that CPS might find dangerous - this can be a school, hospital doctor, or law enforcement.
CPS will then investigate to determine if there is enough evidence to prove that something happened to the child. If so, the family will be summoned by CPS workers to start a case.
A drug test, at this point, is the only way to prove that something is wrong. If someone does not want their child to undergo a drug test, they can always contest it. In this case, the person and their lawyer have to file an answer with the court as soon as possible so that there is no delay in taking a drug test or any other action that may happen in between.
If the family does not file an answer within a certain amount of time, the court will appoint someone to do the drug testing, and this person can be anyone who wants to - including foster parents, other relatives, or a CPS worker.
After this point, both the family and CPS can try to get a court hearing so that the court can make an order as to whether or not child abuse or neglect has occurred. If a drug test is ordered and shows evidence of drug abuse, the court will make an order for treatment. If not, the court may terminate parental rights and send the child to foster care.
What Type Of Drug Tests Does CPS Use In Wisconsin?
CPS's drug testing can be urinalysis, hair analysis, or blood analysis. The type of test used depends on the situation and what is most likely to determine the abuse. The tests are all conducted by a certified laboratory, and the results are both tested by the state to ensure that they are accurate and sent to the court for use.
Test results cannot be shared with anyone except family members, CPS workers, or medical professionals during the process. If there is any reason for sharing the result, authorization has to be given by a judge.
Best Option For CPS Hair Follicle Drug Test In Wisconsin
A hair follicle drug test is the best option for the state of Wisconsin. This test is one that the state of Wisconsin has used in various forms, and it is highly accurate. CPS can use the results to determine whether or not they should make a case against anyone who may have done anything to harm that child.
However, the Uritox Hair follicle drug test is the best available option in Wisconsin. The state has used this test with great success because it can detect commonly abused drugs. The Uritox Hair follicle test can detect 11 types of drugs most commonly abused in Wisconsin, including MMJ, methadone, and several other opiates.
It is also a more cost-effective option for the state since it is a self-contained unit that does the testing entirely on itself. It also makes it easy to keep everyone involved out of the loop and ensure that they will not share the results with anyone.
New Born Drug Testing Laws In Wisconsin
Wisconsin state has a law that requires any hospital employee who administers medication to a newborn to ensure that a urine drug screen is done on the child within the day or 24 hours of birth.
The urine drug screen must be done at a lab that the Wisconsin state government accredits, and the list of these labs is readily available online. Parents are not required to consent to this drug testing, but if they do not, it will be assumed that they agree to the child’s urine drug screen done.
CPS can also use the test results to make decisions about their safety. If a parent does not want the hospital to get their urine drug screen results, they should have their doctor or lawyer request it.
However, as per Wisconsin state law, confidentiality is guaranteed. If the newborn tests positive, then CPS can do an emergency removal of the child from home and initiate either child abuse or neglect.
Pre-Employment Drug Testing Laws In Wisconsin
In Wisconsin, pre-employment drug testing is done before an employer makes a job offer. An employer can choose to test a prospective employee for alcohol, drugs, or both. Moreover, the drug testing must be done at a lab certified by the Wisconsin state government.
Additionally, in case of a positive drug test, an employer has to allow a worker to have time to review any favorable substance abuse disorders before moving forward with any termination decisions.
After being tested to confirm their validity, the test results can be used in many ways. For example, the employer can decide whether or not to hire an employee. In some cases, it may lead to termination of employment.
As long as the employer has taken other steps to ensure that the results are not false or misinterpreted, then they can use them in any way they want. However, if they use them discriminatory, a federal court might sue them.
Do Teachers Get Drug Tested In Wisconsin
Wisconsin state law does not require teachers to undergo drug testing. However, some school districts might have drug testing policies in place.
They might have these policies in place because they have received federal funding under the Drug-Free Workplace Act, which gives them more leeway to develop policies that ensure their staff is free of drugs and alcohol.
However, this law only applies to those who work in federally assisted schools and not to other schools. Moreover, drug testing for teachers in Wisconsin is done only in certain instances.
For example, teachers who are suspected of having a substance abuse problem during their tenure at the school can be subject to drug testing. Schools could be potentially held accountable for a teacher's failure to reduce substance abuse in their staff.
Schools or the teacher's employer can use the test results to decide the employer's actions. In case of a positive test, the employer could potentially terminate the teacher from their job.
Top 10 Companies And Agencies That Drug Test In Wisconsin
The top 10 companies and agencies that drug test in Wisconsin are as follows:
- Bostik USA: Bostik USA provides adhesive technology solutions to businesses and governments worldwide. The company drug tests all its employees and future employees.
- Alro Steel: Alro Steel is a steel service center with three locations in Wisconsin. The company follows policies requiring its managers and employees to take drug tests regularly. Alro Steel drug tests everyone who works at the company.
- Dutchland Plastics, Inc.: Dutchland Plastics, Inc. manufactures, distributes, and converts plastic products for machine shops, medical facilities, hotels, and restaurants. They maintain a drug-free workforce, including pre-employment drug testing, random drug testing, and reasonable suspicion drug testing.
- Cielo: Cielo is the world's leading provider of recruitment process outsourcing (RPO) solutions. It offers employer branding and recruitment services and maintains a drug-free workplace by conducting urine drug tests.
- Greenheck: Greenheck is the leading supplier of air conditioning equipment. The company drug tests each full-time employee and requires them to use the same drug testing provider.
- Miller Brewing Company: Miller Brewing Company is an American beer-producing company. The company follows a policy requiring all employees to undergo pre-employment drug testing before receiving a job offer.
- Monroe Truck Equipment: Monroe Truck Equipment is a utility truck manufacturer based in Monroe, Wisconsin. The company conducts pre-employment drug testing and random drug testing of its employees.
- Harley-Davidson: Harley-Davidson is an American multinational motorcycle manufacturer operating in major cities worldwide. The company follows strict drug testing policies for all its employees.
- Outpost Natural Foods: Outpost Natural Foods is an organic food retailer with 20 stores across the United States. They follow policies that require all their employees to undergo pre-employment drug testing, random drug testing, and reasonable suspicion drug testing.
- Johnson Controls, Inc.: Johnson Controls, Inc. is a diversified multinational corporation that develops and manufactures heating, ventilation, air conditioning, and refrigeration (HVAC) solutions. The company maintains a drug-free workplace by conducting pre-employment drug testing and random drug testing of all its employees.
Top 10 Jobs In Wisconsin That Don't Drug Test
The top 10 jobs in Wisconsin that don't drug test are as follows:
- Dealer/Wholesaler: Dealers sell cars, trucks, and other vehicles. They often deal in used vehicles, and therefore this type of occupation is more likely than others not to require pre-employment drug testing.
- Delivery Driver: Delivery drivers deliver packages. They often deliver food or shopping to apartments, homes, and other buildings. Delivery drivers are more likely than others not to require pre-employment drug testing.
- Dishwasher: Many restaurants and other food-serving establishments employ dishwashers who wash dishes and clean the kitchen's cooking areas. Dishwashers are usually not drug tested during the hiring process.
- Healthcare Customer Advisor: Healthcare customer advisors are employed in medical offices to assist patients and their family members with medical procedures, insurance claims, and other administrative needs. Healthcare customer advisors do not have to go through pre-employment drug testing.
- Warehouse Inventory Control Assistant: Warehouse inventory control assistants often perform tasks needed for the general distribution of goods and therefore do not have to undergo drug testing.
- Stock room attendant: A stock room attendant can be a general term for someone in charge of record keeping. Stock room attendants are not required to undergo drug testing during their hiring process.
- Assistant Editor: An assistant editor assists someone with editing tasks, including rewriting and proofreading articles, reports, or documents for publication. Aspiring assistant editors are not currently required to undergo drug testing in Wisconsin.
- Surveillance officer: A surveillance officer usually works in a police department, in security functions, or in a surveillance equipment position. Surveillance officers are not required to go through drug testing.
- Traffic control officer: A traffic control officer directs traffic and works with road signs and signals to direct vehicles through an intersection or onto the highway. A traffic control officer does not have to undergo drug testing during the hiring process.
- Food safety specialist: A food safety specialist often works directly with local and state governments. They test food to make sure it is safe for consumers to eat. A food safety specialist does not have to be tested for illegal drugs.
Wisconsin Employer Drug Testing Laws
Unlike other states, Wisconsin has no laws regulating or restricting an employer's right to submit the employee to drug testing. State contractors working on specific public works must be drug tested.
Wisconsin state law neither requires nor prohibits workplace drug testing, request for drug testing by private employers is strictly at their discretion. However, employers in safety-sensitive fields such as transportation, health care, motion picture and television, agriculture, and correctional facilities must submit to drug testing under federal law.
Wisconsin's employers may test for controlled substances in the workplace if there are reasonable grounds to suspect the employee is using or has used drugs contrary to state law.
In addition, employers with five or more employees must make drug testing of all employees a condition of employment. To maintain a drug-free workplace, the State of Wisconsin suggests the following guidelines.
- The employer must give written notice to the employee of their obligation to undergo drug testing and the date by which they will be tested. The employer must maintain a copy of this agreement in their records for three years after the employee is discharged or after the employment is otherwise terminated.
- Only certain individuals may test employees on behalf of the employer:
- The individual performing the test must be certified (must have passed a certification test) by a drug-testing program approved by the Dept. of Health and Human Services.
- The employer shall be responsible for the cost of testing the employee. The employer must have a medical review officer at a separate location who, in case of an adverse test result, shall be notified of the results and arrange to have a medical evaluation performed at a licensed medical facility designated by the employer.
- The employer may not discriminate against any employee or applicant for employment due to alcohol or drug-related conviction.
What Are The Repurcussions Of Failing A Drug Test On Probation In Wisconsin?
Failing a drug test on probation or parole in Wisconsin usually results in the immediate revocation of the probation/parole order.
However, upon petition by the offender, the court may grant an extension of time to comply with their sentence if it is determined that such failure was not willful and did not result from a conscious disregard for the law and that compliance with the order is likely.
Additionally, the person may appoint a legal advisor to help them petition the court to modify the sentence.
Drug testing is becoming an increasingly popular means of increasing productivity, safety, and enhancing reliability in the workplace. However, it is essential to remember that drug testing policies and programs are not a panacea for all workplace ills. If used without caution, they can potentially damage an individual's career and reputation.
When designing, implementing, and managing a drug testing policy, it is critical to comply with the state laws, incorporate the "best practices" on drug testing, and consult with legal counsel to ensure the law protects an individual's rights.