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Wyoming Drug Testing Laws and Regulations

State: Wyoming
Statute of Order

No Wyoming drug testing statute currently exists particularly for private employment, but Wyoming courts have decided on a few drug testing cases which form the basis of most private corporations’ drug testing programs in addition to federal drug testing laws, guidelines from the ADA, the Drug-free Workplace Act of 1988, the Wyoming Workers’ Compensation Rules, Regulations and Fee Schedules, The Council on Alcohol and Drugs etc.

Covered Employers

Pursuant to federal drug testing laws, state employers and public improvement contractors, including those in safety-sensitive industries like transportation, aviation, DOD and NASA are required to drug test their employees. Private corporations for the most part are covered by state and local laws, and they are free to develop and implement their own drug-free workplace programs.

In Wyoming, a 2006 bill introduced a drug-free workplace account/fund to which employers can contribute, and from which a drug-free workplace program will be administered. Said program is available to all state employers, school districts and universities.

Applicant Testing

Job seekers in Wyoming who are applying for a job with a state contractor or a private corporation with an established drug testing policy can be made to submit to a pre-employment drug screening as a condition of employment.

Employee Testing

Current employees may be made to submit to a drug test under any of the following conditions:

  • Post-accident
  • Random ( for employees performing safety-sensitive duties) Reasonable cause
Conditions & Methods

A sound drug testing policy must meet certain conditions before it can be successfully implemented. It must also adhere to strict guidelines to protect the company against discrimination claims, invasion of privacy and defamation. As a rule of thumb, it must be clearly written and disseminated to all employees, and displayed prominently at public job sites. A state-accredited drug test lab must provide all necessary documentation to respond to a UI claim, including confirmation of all initial positive results. The drug-free workplace program must also take the following into consideration and incorporate them into the drug test policy accordingly:

  • The Americans with Disabilities Act (ADA) protect job applicants and employees who are under medication for a disability from being refused employment or terminated for testing positive on a workplace drug test.
  • An employer cannot limit drug testing to certain employee groups (according to age, race or gender or sexual orientation) without opening itself up to discrimination claims.
  • An employer cannot (maliciously) make public any employee’s (false) positive drug test results without possibly facing defamation charges later on.
  • The methods by which the drug test itself is administered should be beyond question. Making job applicants provide urine sample in the presence of non-lab personnel or taking saliva sample in full view of others may be considered an invasion of privacy.
Important Bullet points
  • Employers who adopt a drug-free workplace program should shoulder the cost of drug or alcohol testing of applicants and employees.
  • Employee testing for drugs and alcohol must follow guidelines set by the Department of Transportation.
  • Employers who adopt a drug and alcohol testing program pursuant to WY Stat. Sec. 27-14-201 enjoy a 5% percent workers' compensation premium discount.
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Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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