State: Wyoming
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Pass Drug Testing Bulletpoints:
  • Wyoming statutes provides a discount in an amount not to exceed 5% of the base rate for the employment classification for employers that have implemented compliant drug and alcohol testing programs approved by the Wyoming Workers’ Safety and Compensation Division.
  • The discount program mentioned here is completely voluntary on the part of employers. One component advocated for enforcing drug-free workplace policies is the establishment of an employee assistance program. However, the rules stipulate that nothing shall be construed as imposing on any employer a requirement to pay for the costs of treatment or other interventions.
  • Employers who elect to adopt a compliant drug-free workplace program must pay for all costs of drug or alcohol testing of employees as part of implementing the program. Employee testing for alcohol or controlled substances must be in accordance with federal Department of Transportation rules.
  • 10 Things to Know To Pass A Drug Test In Wyoming

    1) Legal Outlook

    An employer seeking state protection with the 5% discount on worker’s compensation is expected to follow the state law with respect to testing. Otherwise, the employer comes under the purview of common law.

    2) Policy

    An employer seeking state protection is expected to maintain a written policy that states the organization’s stand on drug and alcohol testing. The law does not mandate the details to be mentioned in the policy but requires that the policy be followed. The policy must mention the types of tests that will be carried out and the impact of positive testing.

    3) Cost

    The organization is clearly held liable to bear all costs pertaining to the testing.

    4) Substances

    A state protected employer is provided a list of substances including, drug types and alcohol, that may be checked for as per federal DOT rules.

    5) Impact

    A positive test result may lead to action based on policy. The law does not limit or direct disciplinary action on a positive substance abuse result. The worker’s compensation law provides a definition of injury as not including injury when the employee is under the influence of a controlled substance unless it is prescribed by a medical practitioner. This means that some substances may be provided to the employee as a part of medical treatment by a trained prescribing authority. The law provides the benefit of the doubt under such cases.

    6) Timing

    There are no specific rules regarding when a substance abuse test may be carried out. The law however, states the need for such a test after an accident. The employer is given the freedom to decide on random, behaviorally triggered and pre-employment testing.

    7) Notice

    The law does not require an employer to maintain a written notice in a commonly visible area. The absence of a notice has no bearing on the employer’s case if there is a denial of a worker’s compensation or unemployment claim.

    8) Individual

    The law does not define the jobs that must be covered by substance abuse testing. Employers may choose the safety sensitive jobs and refer them for drug testing at their discretion. If a positive test does not result in termination, the employer may decide to subject the individual for random tests for a period as specified in the policy.

    9) Testing Agency

    The federal DOT rules specify the testing agency that is approved and whose results are acceptable in case of legal action. The employer is free to choose an agency that provides testing facilities in line with the organization’s requirements as laid down in the policy.

    10) Testing Procedure

    The federal DOT rules detail out the procedure to be followed in case of substance abuse testing on a pre-specified or random basis. Post-accident procedures and requisite reports are clearly laid down. These procedures must be documented and appropriately analyzed and communicated. Only positive responses may be shared with the employer while the employees may be provided details of the report.

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