Substance abuse on transportation and public utility projects

With certain exceptions, current law prohibits employees from using, possessing, attempting to possess, distributing, delivering, or being under the influence of a drug, or from using or being under the influence of alcohol, while performing certain work on certain projects of public works or public utility projects and requires that, before an employer may commence work on a qualifying project of public works or a public utility project, the employer have in place a written employee substance abuse program.

This bill does the following:

1. Applies the substance abuse prevention requirements under current law to all transportation projects for the construction or reconstruction of any road or bridge performed under contract for a local governmental unit.

2. Provides that a public utility, for purposes of determining which projects qualify as public utility projects under the substance abuse prevention program, includes an owner of fiber optics, broadband, or cable.

3. Requires an employer that performs work on a transportation project or public utility project, if the cost of the contract to perform the work is more than $25,000, to either a) certify its compliance with the substance abuse prevention requirements annually on forms and in a manner prescribed by the Department of Workforce Development; or b) certify, on a per-contract basis, with the contracting agency for the project and file the employer's substance abuse prevention program with the contracting agency. The bill prohibits an employer that is required to certify from commencing work on a covered project until the employer is in compliance.

4. Requires DWD to do all of the following:

a. Promulgate rules to implement the certification requirements created under the bill for employers that choose to file annually with DWD their substance abuse prevention programs.

b. Send by mail to businesses an annual notice describing the certification requirements created under the bill.

c. Maintain a list of employers that have certified with DWD.

d. Promulgate rules to establish penalties, to be assessed by DWD, for repeat violations of the certification requirements created under the bill and for cases in which an accident that resulted in a federally reportable injury or illness occurred or reportable property damage occurred while an employer was not in compliance with the certification requirements created under the bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB682,1 Section 1 . 103.503 (title) of the statutes is amended to read:

AB682,3,2 103.503 (title) Substance abuse prevention on public works and public utility certain projects ; certification.

AB682,2 Section 2 . 103.503 (1) (a) of the statutes is amended to read:

AB682,3,9 103.503 (1) (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 transportation project or while the employee was performing work on a public utility project.

AB682,3 Section 3 . 103.503 (1) (c) of the statutes is amended to read:

AB682,3,14 103.503 (1) (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 transportation project or a public utility that has contracted for the performance of work on a public utility project.

AB682,4 Section 4 . 103.503 (1) (e) of the statutes is amended to read:

AB682,3,19 103.503 (1) (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, on a transportation project, or on a public utility project.

AB682,5 Section 5 . 103.503 (1) (f) of the statutes is amended to read:

AB682,3,23 103.503 (1) (f) “Employer" means a contractor, subcontractor, or agent of a contractor or subcontractor that performs work on a project of public works, on a transportation project, or on a public utility project.

AB682,6 Section 6 . 103.503 (1) (h) of the statutes is amended to read:

AB682,4,6 103.503 (1) (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), an owner of fiber optics, broadband, or cable, 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.

AB682,7 Section 7 . 103.503 (1) (i) of the statutes is amended to read:

AB682,4,13 103.503 (1) (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. subs. (3) , (6), and (7), “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.