| 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: |
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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.
PASS A DRUG TEST IN WYOMING
