EmR1617 Rule Text

Effect on small business

This emergency rule does not have an economic impact on small businesses as defined in s. 227.114 (1), Stats. DWD’s regulatory review coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person

Questions and comments related to this rule may be directed to:

Janell Knutson

Department of Workforce Development

Division of Unemployment Insurance

P.O. Box 8942

Madison, WI 53708-8942

Telephone: [phone]

E-Mail: [e-mail]

Place where comments are to be submitted and deadline for submission

Janell Knutson

Department of Workforce Development

Division of Unemployment Insurance

P.O. Box 8942

Madison, WI 53708-8942

Telephone: [phone]

E-Mail: [e-mail]

Hearing comments will be accepted until the last scheduled hearing is conducted. DWD will hold a hearing in conjunction with the permanent rule hearing.

EXEMPTION FROM FINDING OF EMERGENCY

The Legislature, by Section 9151 (5) (b) in 2015 Wisconsin Act 55, provides an exemption from a finding of emergency rule for the adoption of the rule.

Section 1. Chapter DWD 131 is created to read:

CHAPTER DWD 131

PRE-EMPLOYMENT DRUG TESTING, SUBSTANCE ABUSE TREATMENT PROGRAM AND JOB SKILLS ASSESSMENT

131.001 Definitions. (1) Except as provided in sub. (2), the definitions in ch. DWD 100 apply to this chapter.

(2) Notwithstanding ch. DWD 100, all of the following definitions apply to this chapter:

  (a) “Controlled substances” has the meaning given under s. 108.133 (1) (a), Stats.

Note: Section 108.133 (1) (a), Stats., states “Notwithstanding s. 108.02 (9), ‘controlled substances’ has the meaning given in 21 USC 802.”

(b) “Positive results” means a test that confirms the presence of one or more controlled substances conducted or confirmed by a laboratory certified by the substance abuse and mental health services administration of the United States department of health and human services.

(c) “Substance abuse treatment provider” means an individual or organization that is licensed by a state agency to administer substance abuse treatment services to individuals that use controlled substances.

(d) “Substance abuse treatment program” means the services offered by a substance abuse treatment provider, beginning with an assessment.  

DWD 131.10 Pre-employment testing for the presence of controlled substances. (1) Positive results of a test; applicability. An employing unit may report to the department the positive results of a test for the presence of controlled substances conducted on an individual if all of the following apply:

(a) The test for the presence of controlled substances was conducted as a condition of an offer of employment and the employing unit informed the individual, before testing, that the positive results may be submitted to the department.

(b) The test was conducted or confirmed by a laboratory certified by the substance abuse and mental health services administration of the United States department of health and human services.

  (c) The individual tested positive for one or more controlled substances without evidence of a valid prescription for each controlled substance.

  (d) The employing unit complies with all of the provisions of this chapter.

(2) Reporting positive results of a test to the department. To report positive results to the department, the employing unit shall provide all of the following information, on a form prescribed by the department, within 3 business days from the date on which the employing unit received the positive results:

(a) The name, address, and telephone number of the employing unit, and if applicable, the unemployment insurance account number of the employing unit.

(b) The name, address, telephone number, and social security number of the individual that tests positive for the presence of controlled substances.

(c) The following information related to the conditional offer of employment that the employing unit offered to the individual:

1. Documentation of the conditional offer of employment.

2. The date on which the employing unit extended the conditional offer of employment to the individual.

3. The date on which employment would begin, the rate of pay offered to the individual, the number and arrangement of hours, and the kind of work that would be performed.

4. The date and manner in which the employing unit informed the individual that, as a condition of the offer of employment, the individual must submit to a test for the presence of controlled substances.

(d) The date and manner in which the employing unit informed the individual that positive results may be submitted to the department.

(e) The following information related to the administration of the test and positive results:

1. The name, address and telephone number of the laboratory that conducted the test.

2. The date on which the individual submitted to the test.

  3. The controlled substances detected in the test.

  4. A copy of the laboratory’s report.

  (f) The date the employing unit received the results of the test from the laboratory.

(g) The date and manner in which the employing unit withdrew the conditional offer of employment after the employing unit received the positive results.

(h) Any additional information requested by the department.

Note: To obtain a form under this section, contact the Department of Workforce Development, Division of Unemployment Insurance, 201 E. Washington Avenue, P.O. Box 7905, Madison, WI 53707 by telephone at [phone] or [phone] or access the form online at www.dwd.state.wi.gov.

(3) Individual declining to submit to a test for the presence of controlled substances. An employing unit may notify the department that an individual declined to submit to a test for the presence of controlled substances if all of the following apply:

(a) The test for the presence of controlled substances was required as a condition of an offer of employment and the employing unit informed the individual, before testing, that the employing unit may notify the department if the individual declines to submit to the test.

(b) The employing unit complies with all of the provisions of this chapter.

(4) Notification to department of individual declining test. To notify the department that an individual declined to submit to a test for the presence of controlled substances, the employing unit shall provide all of the following information, on a form prescribed by the department, within 3 business days from the date on which the individual declined to submit to the test:

(a) The name, address, and telephone number of the employing unit, and if applicable, the unemployment insurance account number of the employing unit.

(b) The name, address, telephone number, and social security number of the individual that declined to submit to a test for the presence of controlled substances.

(c) The following information related to the conditional offer of employment from the employing unit to the individual:

1. Documentation of the conditional offer of employment.

2. The date on which the employing unit extended the conditional offer of employment to the individual.

3. The date on which employment would begin, the individual’s pay rate, the number and arrangement of hours, and the kind of work that would be performed.

4. The date and manner in which the employing unit informed the individual that, as a condition of the offer of employment, the individual must submit to a test for the presence of controlled substances.

(d) The date and manner in which the employing unit informed the individual that the employing unit may notify the department if the individual declined to submit to a test for the presence of controlled substances.

(e) The following information related to the individual declining to submit to a test for the presence of controlled substances:

1. The date the individual declined to submit to a test.

2. Documentation that the individual declined to submit to the test.

3. The date the employing unit received notification that the individual declined to submit to the test.

(f) The date and manner the employing unit withdrew the conditional offer of employment after the employing unit received notice that the individual declined to submit to a test for the presence of controlled substances.

(g) Any additional information requested by the department.

Note: To obtain a form under this section, contact the Department of Workforce Development, Division of Unemployment Insurance, 201 E. Washington Avenue, P.O. Box 7905, Madison, WI 53708, by telephone at [phone] or [phone] or access the form online at www.dwd.state.wi.gov.