Trump administration gives Wisconsin the go-ahead to conduct drug tests for unemployment benefits

MADISON - The federal government has cleared the way for Wisconsin to perform drug tests on some applicants for unemployment benefits, but it's unclear how soon the state will implement the program. 

Republicans who controlled state government in 2015 approved a budget provision to conduct drug tests in some cases, but they needed approval from the federal government before they could implement the program.  

This month, President Donald Trump's administration issued rules allowing Wisconsin and other states to test those who seek unemployment compensation if the only jobs they can do are in fields that routinely perform drug tests. 

The state Department of Workforce Development oversees unemployment insurance in Wisconsin and will be responsible for the drug testing program.

Department spokesman Ben Jedd said Democratic Gov. Tony Evers' administration is waiting for more guidance from the federal Department of Labor before requiring drug tests.

Specifically, the Evers administration wants details on which types of applicants should have to undergo drug testing, he said.

Whether drug testing would be required for a narrow set of applicants, such as pilots, or a broad range of typical workers is unclear. Jedd offered no timeline for making that determination or starting the program. 

The plans to test unemployment compensation applicants for drugs came as part of a wide-ranging effort under GOP Gov. Scott Walker to tie government assistance to drug tests.

Republicans in the Legislature embraced the idea but have faced setbacks. For instance, the Trump administration last year barred Wisconsin from testing those on the state's BadgerCare Plus health care program. And Evers this year vetoed funding that was to be used to test some food stamp applicants for drugs.

Supporters of drug testing are having more luck when it comes to unemployment benefits.

Under the state's plan, those who failed a drug test would have a chance to get state-funded drug rehabilitation. If they participated in rehab, they would receive their unemployment benefits. If they did not, they would lose their benefits. 

The state has budgeted $250,000 a year for drug testing and providing rehab. 

Supporters argue drug testing will help make sure those who are looking for jobs can quickly return to the workforce. Opponents contend drug tests would provide hurdles for those trying to cover their living expenses while they're seeking work. 

"The essential purpose of this program is to help people with a drug use problem access treatment and find a job, not to punish them," said a statement from Republican Rep. Warren Petryk of Eleva, the chairman of the Assembly Committee on Workforce Development.

GOP Rep. John Nygren of Marinette, the co-chairman of the Legislature's budget committee, said drug testing people who are seeking assistance has broad support.

"I hope that Governor Evers and the Department of Workforce Development work diligently to follow legislative intent,” he said in a statement.

Democratic Rep. Evan Goyke of Milwaukee, who sits on the budget committee, said Republicans are making it seem that many of the people who have lost their jobs through no fault of their own are drug users. Republicans should put more money toward rehab, he said. 

"The intention of getting people into treatment is good, but the majority needs to put their money where their mouth is and fund those programs," he said.  

This story has been corrected to say the state has budgeted $250,000 a year for drug testing and providing rehab. An earlier version of this story incorrectly said $500,000 had been budgeted.

Contact Patrick Marley at patrick.marley@jrn.com. Follow him on Twitter at @patrickdmarley.