Wyoming offers approved employers a five percent (5%) discount off their premium base rate for the implementation of 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 effect DOT regulated drug testing requirements.
Government employers should always call for potential additional restrictions on employee drug testing.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | Restricted | Allowed for pre-employment screening, for employees must use SAMHSA/USDOT guidelines, which do not permit POCT. |
| Drug Panels | Restrictions | Must use SAMHSA/USDOT guidelines u2013 5 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 minimum 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 required for employees, oral fluids ok for applicants. |
| Hair Testing | Restricted | Lab based urine testing required for employees, hair testing ok for applicants. |
| Unemployment Denial | Yes | Company drug free workplace policy will assist in denial of benefits when employee fired for positive drug test. Address misconduct in 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 as a defense against a claim for compensation. 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 your attorney when you have a positive post-accident test after an injury.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies 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.
State Law Wyoming
Click Here for the application for the Wyoming Workers’ Compensation Drug Free Workplace Discount Program.
