108.133 Testing for controlled substances.

632 words·~3 min read·/wi/chapter-108/108-133-2

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

(1)Definitions. In this section:

(ag)“Applicant” means an individual who files an initial claim in order to establish a benefit year under this chapter.

(ar)Notwithstanding s. 108.02

(9), “controlled substance” has the meaning given in 21 USC 802 .

(b)“Job skills assessment” means an assessment conducted by the department under sub.

(d).

(c)“Occupation that regularly conducts drug testing” means an occupation identified in the regulations issued by the federal secretary of labor under 42 USC 503

(A)(ii).

(d)“Screening” means the screening process created by the department under sub.

(a)3.

(e)“Substance abuse treatment program” means the program provided under sub.

(c).

(f)“Valid prescription” means a prescription, as defined in s. 450.01

(19), for a controlled substance that has not expired.

(2)Drug testing program. The department shall establish a program to test applicants for the unlawful use of controlled substances in accordance with this section and shall, under the program, do all of the following:

(a)Promulgate rules to establish the program. The department shall do all of the following in the rules promulgated under this paragraph:

1. Identify a process for testing applicants for the unlawful use of controlled substances. The department shall ensure that the process adheres to any applicable federal requirements regarding drug testing. The department shall pay the reasonable costs of controlled substances testing.

2. Identify the parameters for a substance abuse treatment program for applicants who engage in the unlawful use of controlled substances and specify criteria that an applicant must satisfy in order to be considered in full compliance with requirements of the substance abuse treatment program. If the rules require that an applicant enrolled in the substance abuse treatment program submit to additional tests for the unlawful use of controlled substances following the initial test conducted under sub.

(c), the rules shall allow the applicant to have at least one more positive test result following the initial test without, on that basis, being considered not to be in full compliance with the requirements of the substance abuse treatment program.

3. Create a screening process for determining whether there is a reasonable suspicion that an applicant has engaged in the unlawful use of controlled substances.

4. Identify the parameters for a job skills assessment for applicants who engage in the unlawful use of controlled substances and specify criteria that an applicant must satisfy in order to be considered in full compliance with the requirements of the job skills assessment.

5. Identify a period of ineligibility that must elapse or a requalification requirement that must be satisfied, or both, in order for an applicant to again qualify for benefits after becoming ineligible for benefits under sub.

(a)or

(c).

(am)Promulgate rules identifying occupations for which drug testing is regularly conducted in this state. The department shall notify the U.S. department of labor of any rules promulgated under this paragraph.

(b)When an applicant applies for regular benefits under this chapter, do all of the following:

1. Determine whether the applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing.

2. Determine whether the applicant is an individual for whom suitable work is only available in an occupation identified in the rules promulgated under par.

(am), unless the department has already determined that the applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing under subd. 1.

3. If the department determines under subd. 1. that the applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing, conduct a screening on the applicant.