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Wisconsin and Missouri Enact Drug Law Changes Affecting Workplaces

Effective June 1, 2007, Wisconsin will require substance abuse prevention programs on most state public-works projects.  The law applies to all public-works projects except state highway projects.  It forbids employees from using or being under the influence of drugs or alcohol while performing project work.  Employers are charged with enforcing and paying for these requirements. 

To commence work on a 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 is performed in compliance with Federal regulations.

If an employee tests positive or refuses to submit to testing, an employer may not permit that employee to perform work, and shall immediately remove him or her 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.

This law extends drug-free workplace requirements to a larger group of Wisconsin employers.  In addition, the law ensures a consistent drug-free workplace standard for all employers and employees on each project site. 

Effective October 1, 2006, the Missouri statute regarding misconduct that disqualifies an individual from unemployment benefits will cover any claimant discharged for having a "detectible amount of alcohol or a controlled substance" in violation of the employer's substance abuse prevention policy.  In such case, the claimant "shall have committed misconduct connected with the claimant's work."  This and other new requirements come in direct response to Missouri court decisions requiring evidence of impairment of work performance to invalidate an unemployment claim.

Employer policies may be publicized to employees through posting, a written personnel policy or handbook, or inclusion in a collective bargaining agreement, and "must state that a positive test may result in suspension or termination of employment."  As long as the written substance abuse prevention policy states that employees may be subject to random, reasonable suspicion, and post-accident drug and alcohol testing, the test results shall be admissible.

The revision allows employers to require and, with notice, admit for unemployment purposes, pre-employment alcohol and controlled substance testing.  In addition, the law's application is extended from only reasonable suspicion tests to any random, reasonable suspicion, and post-accident drug and/or alcohol test result in violation of an employer's policy.  Any positive result shall be treated as disqualifying misconduct.

These new laws and many other legal, legislative, and regulatory developments will be incorporated into the 14th Edition of the Institute for a Drug-Free Workplace  Guide to State and Federal Drug-Testing Laws, which will be published this fall.  A pre-publication discount is available through September 5 by contacting Kelly Gulich at the Institute at (703) 288-4300 or at kelly@drugfreeworkplace.org, or through the Institute's web site www.drugfreeworkplace.org. Institute members need not order the Guide, of course, as it is sent to them automatically as part of their membership benefits.

 

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Institute for a Drug-Free Workplace