Payroll Client AccessWhat Are Your Rights to Random Drug Testing at Work in Wisconsin?
BenHR > Random Drug Testing
Wisconsin employers may legally conduct random drug testing if the policy is written, consistently applied and communicated in advance. State law does not prohibit or require drug testing for private employers, leaving the decision to company policy. Federal contractors and organizations receiving federal grants must also maintain a drug-free workplace under the Drug-Free Workplace Act.
BenHR works with Wisconsin employers to develop clear, compliant drug testing policies and reduce the risk of disputes related to random testing programs.
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Employee Rights and Employer Responsibilities
Random drug testing in Wisconsin workplaces is allowed, but it must be handled fairly. Employers should:
- Notify employees of the testing policy during hiring or onboarding
- Apply the policy evenly to all workers
- Maintain confidentiality of test results
- Avoid using tests as retaliation or discrimination
Employees have the right to know the company’s testing procedures and the consequences for a positive result. Refusing a test can have employment consequences if it violates a documented workplace policy.
How Random Testing Works in Wisconsin
Most employers use computer-generated systems to select employees randomly and collect urine, saliva or hair samples. Tests can screen for substances such as marijuana, cocaine, amphetamines and opioids. Because marijuana remains illegal in Wisconsin, employers may discipline or decline to hire individuals who test positive for THC, even if they used it legally in another state.
Consult BenHR for Policy Development and Compliance
Whether you’re updating an existing policy or addressing employee concerns, BenHR provides expert HR consulting to help Wisconsin employers build compliant, transparent workplace testing programs.