Workplace drug testing issues – State Laws – Wyoming
Wyoming offers approved employers a five percent (5%) discount off their premium base rate to implement a drug-free workplace program. The chart below reflects the requirements for the Wyoming Workers’ Compensation Drug-Free Workplace Discount Program.
These categories do not affect DOT-regulated drug testing requirements.
Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in Wyoming
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||Restricted||Allowed for pre-employment screening, employees must use SAMHSA/USDOT guidelines, which do not permit POCT.|
|Drug Panels||Restrictions||Must use SAMHSA/USDOT guidelines u2013 five-panel test.|
|Laboratory||Restrictions||Must use SAMHSA-certified laboratory.|
|Medical Review Officer||Required||Required for both positive and negative results|
|Random Testing||No Restrictions||Must test a minimum of 20% of employees per year for the discount safety program.|
Intoxication Defense – Denial of Workers Compensation Claim – States vary in their willingness to allow employers to use an injured worker’s intoxication against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and attorney when you have a positive post-accident test after an injury.
Click Here for the application for the Wyoming Workers’ Compensation Drug-Free Workplace Discount Program.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.