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Random Drug Testing for Public Works Projects
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Published: October 1, 2007
Author: Gesina (Ena) Seiler
Wisconsin recently enacted a law requiring substance abuse prevention programs on most state public works projects. Wis. Stat. § 103.503 took effect June 1.
To commence work on a public works project, an employer must have a written substance abuse prevention program that includes the law's prohibitions and requires employees to submit to random, reasonable-suspicion, and post-accident drug and alcohol testing that's performed in compliance with federal regulations. The law applies to all public works projects except state highway projects.
Wis. Stat. § 103.503 forbids employees from using or being under the influence of drugs or alcohol while performing project work. Employers must enforce and pay for the requirements. If an employee tests positive or refuses to submit to testing, you may not permit him. to perform work and must immediately remove him from the project site. Employees removed from work may not return until they (1) test negative for drugs or are no longer under the influence of alcohol and (2) are cleared for work in accordance with the employer's written substance abuse prevention program. The law ensures a consistent drug-free workplace standard for all employers and employees on each project site.
Bottom Line
This law extends drug-free workplace requirements to a larger group of Wisconsin employers, which must enact policies and procedures to comply.
Gesina (Ena) M. Seiler is an attorney in the areas of general civil litigation, insurance defense, medical malpractice defense, legal malpractice defense, municipal and school district defense, personal injury and employment law. For more information, contact Ms. Seiler at 608.283.6787 or gseiler@axley.com.
This article was featured in the October 2007 issue of the Wisconsin Employment Law Letter, which is edited by Axley Brynelson Attorney Saul C. Glazer and published by M. Lee Smith Publishers LLC. Reproduced here with the permission of M. Lee Smith Publishers, LLC.
Axley Brynelson is pleased to provide articles, legal alerts, podcasts and videos for informational purposes, but we are not giving legal advice or creating an attorney/client relationship by providing this information. The law constantly changes, and our publications may not be currently updated. Before relying on any legal information of a general nature, please consult legal counsel as to your particular situation. While our attorneys welcome your comments and questions, keep in mind that any information you provide us, unless you are now a client, will not be confidential.
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