Section LES 2.02 - Pre-employment drug testing(1) TESTING REQUIREMENT.(a) The applicant shall submit to a drug test for the presence of the following controlled substances or classes of controlled substances or their metabolites: 2. Cannabis or cannabinoids(b) The drug test shall be accomplished through analysis of a urine specimen from the applicant. Other specimens of blood, breath, saliva or hair may be used when minimum standards equivalent with those for urine specimens have been established by the United States department of health and human services, substance abuse and mental health services administration. The specimen collected may only be used for either of the following:1. Test required under par. (a). 2. Tests for other controlled substances as determined by the prospective employing agency.(c) The costs of the urine sample collection and analysis shall be borne by the prospective employing agency.(2) NOTICE OF TESTING REQUIREMENT. Notice of the date, time, and place of the drug test sample collection shall be given to the applicant no more than 3 days prior to the date of the scheduled collection. The notice shall inform the applicant that appearance for the drug test specimen collection at the stated date, time, and place is mandatory and that failure to appear without just cause to the satisfaction of the prospective employing agency or refusal to provide the specimen shall result in denial of certification by the board. The notice shall inform the applicant that a positive test result for which the applicant cannot provide a legitimate explanation to the satisfaction of the board shall result in the applicant being denied employment and being denied certification by the board. The notice shall state that the test results may be disclosed only: (b) To the prospective employing agency or any other prospective employing agency.(c) To the applicant or applicant's designee.(d) To the prospective employer's designee or the board's designee, if disclosed for a purpose related to or in conjunction with an applicant's challenge to a positive test result, or an administrative action, court proceeding, or other proceeding in which the applicant challenges a denial of employment or certification.(e) By lawful order of a court.(f) As otherwise required by law.(3) SPECIMEN COLLECTION. The urine specimen shall be collected at a collection site designated by the approved laboratory specified by the prospective employing agency for the drug testing. (a) The applicant providing the specimen shall be positively identified by the collection site person by use of a valid photo driver's license, valid passport, or valid military identification card. If proper identification is not available, the specimen shall not be collected without contacting the prospective employing agency to make other arrangements for positive identification.(b) The specimen shall be obtained from the applicant in a manner that complies with laboratory and collection site specifications adopted by the board and published in the policy and procedures manual of the board.(4) CONSEQUENCES OF POSITIVE TEST RESULT, FAILURE TO APPEAR OR REFUSAL. A positive test result for which the applicant cannot provide an explanation to the satisfaction of the board, refusal to provide the urine specimen for the drug test, or failure to appear to provide the urine specimen at the scheduled date, time, and place without just cause to the satisfaction of the prospective employing agency shall result in the applicant being denied certification by the board.(5) TESTING PROCEDURE. The drug test required by sub. (1) shall be performed by an approved laboratory chosen by the prospective employing agency. Specifications for approved laboratories shall be published in the policy and procedures manual of the board. (a) Tests to be performed. The testing procedure shall consist of:1. An initial screening test2. A confirmatory test when there is a positive initial test result.(b) Controlled substances. The initial screening test shall be done for the presence of amphetamines, cannabis or cannabinoids, opiates, cocaine and phencyclidine (PCP) or their metabolites in tested urine in levels at or above threshold detection levels established by the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration.(c) Confirmation tests. The confirmation test shall be done for the presence of amphetamines, cannabis or cannabinoids (Delta-9-tetrahydrocannabinol-9-carboxylic acid), opiates (morphine, codeine), cocaine (Benz-oylecgonine) and phencyclidine (PCP) in tested urine in levels at or above threshold detection levels established by the United States department of health and human services, substance abuse and mental health services administration. Each applicant who receives a positive confirmation test shall be allowed to submit information in explanation of test results.(6) NOTICE OF TEST RESULTS; APPLICANT RIGHTS. The testing laboratory shall forward any positive test results to the board as well as to the prospective employing agency. (a) Within 10 working days after receipt of the test result report from the testing laboratory, the prospective employing agency shall inform the applicant in writing of a positive test result.(b) If an applicant wishes to challenge a positive test result, the applicant shall, within 5 working days after receiving notice of a positive test result, submit in writing to the prospective employing agency and to the board information that the applicant believes provides a legitimate explanation for the positive test result. The applicant shall provide to the board written waivers of confidentiality for information the board believes is necessary for it to determine if there is a legitimate explanation for the positive test result.(c)1. Within 20 working days after receipt of the information in par. (b), the board shall determine if there is an acceptable legitimate explanation for the applicant's positive test result.2. The applicant, at the applicant's expense, may select from a list of physicians approved by the board, a physician who is not the applicant's personal physician, to review the test documentation and applicant's explanatory information. The physician shall provide a written report to the board rendering an opinion and supporting rationale as to whether or not there is a legitimate explanation for the positive test result. The board shall consider this report in making its final determination.3. The applicant shall cooperate in any investigation by the board or the selected physician needed to reach their respective determinations. Failure to cooperate shall be deemed a withdrawal of the applicant's challenge to the positive test result.4. The board shall immediately forward a written report of its findings and determination to the applicant and to the prospective employing agency.5. The board shall approve a list of physicians qualified and acceptable to review drug analysis results. The list shall be published in the policy and procedures manual of the board and updated as required.(d) The board may approve alternative procedures by prospective employing agencies to assure applicant rights.(7) DRUG TEST RESULTS; CONFIDENTIALITY.(a) The prospective employing agency shall ensure that only personnel necessary to the employment decision have access to drug test records.(b) All records pertaining to drug tests performed pursuant to sub. (1) shall remain confidential, except that the records may be released to:2. To the prospective employing agency or any other prospective employing agency.3. To the applicant or applicant's designee.4. To the prospective employing agency's designee, or the board's designee for a purpose related to or in conjunction with an applicant's challenge to a positive test result or an administrative action, court proceeding, or other proceeding in which the applicant challenges a denial of employment or board certification.5. By lawful order of a court.6. As otherwise required by law.(c) An applicant may provide written permission for any other release of records pertaining to the drug tests.(d) The prospective employing agency shall provide copies of all necessary documentation and reports under this section to the board.Wis. Admin. Code Law Enforcement Standards Board LES 2.02
Cr. Register, August, 1993, No. 452, eff. 11-29-93.