There are no Wyoming Statues that regulate private employment drug tests. This lack of ruling gives private employers the right to carry out drug tests when screening applicants. Employers are also permitted to test current employees (more information below). Furthermore, a Wyoming employer can voluntarily implement a drug-testing policy to qualify for a possible 10% discount on their workers’ compensation fees. The policy must be written in accordance with Chapter 2, Section 8 of the Wyoming Administrative Rules. Review the Workers’ Compensation pamphlet for more information on the compensation discount requirements.
While there are no State regulations that govern private employment drug testing, employers should be mindful of the following details before proceeding:
- The test should not violate the subject’s right to privacy
- There should be no discrimination against the individuals chosen for testing (e.g. only testing young men)
Can Current Employees be Tested? Yes, private employers are free to test current employees. If the test is part of the voluntary drug-testing policy, the employer is required to test a 20% average of total employees at random. Furthermore, testing is required post-accidents and under reasonable suspicion.
Is Certified Testing Required? No. However, if the organization is governed by the voluntary drug-testing law, tests must be performed at a certified laboratory.
What Can be Tested? No limitations. Hair or urine if the test is conducted as a requirement of the voluntary drug-testing law.
How to Conduct a Legal Drug Test
The following instructions will serve as a guide to those conducting drug tests as a requirement of the voluntary drug-testing law. All other employers may follow the same guidelines, however, they needn’t have the sample tested at a certified medical laboratory.
Step 1 – Have the subject fill in a Drug Test Release Form to document their consent to the test. Afterwards, collect a urine or hair sample from the subject.
Step 2 – Bring the sample in for testing at one (1) of the certified laboratories mentioned on the Substance Abuse and Mental Health Association’s (SAMHSA) website.
Step 3 – A positive drug test must be confirmed immediately using the previously mentioned methods. An individual who tests positive should be notified of the results and be given the opportunity to explain any medications which might have interfered with the test results. The employer should follow their own drug-testing policy regulations when deciding on whether or not the individual should be fired or disqualified from employment consideration.