Wyoming State Drug Testing Laws
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. |
| Post-Accident |
No Restrictions |
|
| Reasonable Suspicion |
No Restrictions |
|
| Oral Fluids |
Restricted |
Lab-based urine testing is required for employees, oral fluids ok for applicants. |
| Hair Testing |
Restricted |
Lab-based urine testing is required for employees, hair testing ok for applicants. |
| Unemployment Denial |
Yes |
Company drug-free workplace policy will assist in the denial of benefits when an employee is fired for a positive drug test. Address misconduct in the policy. |
| Workers Comp Discount |
Yes |
5% - Wyoming Workers' Compensation Drug-Free Workplace Discount Program |
| Intoxication Defense |
Yes |
There is no rebuttable presumption, but intoxication is a defense to deny a claim. |
| Medical Marijuana |
No |
Comments |
| Recreational Marijuana |
No |
Comments |
| Report Driver DOT Positives |
No |
Comments |
| General Statute |
|
Click Here for the application for the Wyoming Workers' Compensation Drug-Free Workplace Discount Program. (See Below) |
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.
View Individual State Law Summaries
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