103.503 Substance abuse prevention on public works and public utility projects.

713 words·~3 min read·/wi/chapter-103/103-503-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Accident” means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903

(4), 2013 stats., or s. 16.856

(2m), 2015 stats., on a project of public works or while the employee was performing work on a public utility project.

(b)“Alcohol” has the meaning given in s. 340.01

(1q).

(c)“Contracting agency” means a local governmental unit or a state agency that has contracted for the performance of work on a project of public works or a public utility that has contracted for the performance of work on a public utility project.

(d)“Drug” means any controlled substance, as defined in s. 961.01

(4), or controlled substance analog, as defined in s. 961.01

(4m), for which testing is required by an employer under its substance abuse prevention program under this section.

(e)“Employee” means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903

(4), 2013 stats., or s. 16.856

(2m), 2015 stats., on a project of public works or on a public utility project.

(f)“Employer” means a contractor, subcontractor, or agent of a contractor or subcontractor that performs work on a project of public works or on a public utility project.

(fm)“Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing, or an instrumentality of the state and any of the foregoing.

(g)“Project of public works” means a project of public works that would be subject to s. 66.0903 , 2013 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to January 1, 2017, or that would be subject to s. 16.856 , 2015 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to September 23, 2017.

(h)“Public utility” has the meaning given in s. 196.01

(5)and includes a telecommunications carrier, as defined in s. 196.01

(8m), an alternative telecommunications utility, as defined in s. 196.01

(1d), or, for purposes of subs.

(2)and

(4), a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only.

(i)“Public utility project” means a project erected, constructed, repaired, remodeled, or demolished for a public utility on a public right-of-way. For purposes of sub.

(3), “public utility project” does not include a project erected, constructed, repaired, remodeled, or demolished for a cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power, or water to its members only.

(j)“State agency” means any office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. “State agency” also includes the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.

(2)Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903

(4), 2013 stats., or s. 16.856

(2m), 2015 stats., on a project of public works or while performing work on a public utility project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235

(d).

(3)Substance abuse prevention programs required.

(a)Before an employer may commence work on a project of public works or a public utility project, the employer shall have in place a written program for the prevention of substance abuse among its employees. At a minimum, the program shall include all of the following: