or alcohol testing reasonable, entitled to blood, hair, etc.) by State law does not specify where a positive, such as drug test or any laws for private suspicion, etc.) under which unemployment a private employer drug test can or must take place. procedure. follow-up drug employers testing is authorized or benefits if they is authorized or test. generally. prohibited in general choose to quit a prohibited. The Wyoming Supreme Court has There are no known employment. job rather than recognized that a company collecting legal protections in Employers are submit to drug testing State law does not specimens as part of an Wyoming to protect employer’s eligible for a if the employer did specify the substance abuse testing program employees or comp. not either: substances for generally owes a duty of care in the applicants who test workers’ discount in an Inform employees which tests can be collection, handling and processing of positive for drugs or • amount up to 5% that a drug test could run by a private the specimen to the employee who alcohol. of the base rate for be required; or employer. submits the specimen. the employment Follow its own drug (Duncan v. Afton, Inc., 991 P.2d 739 • classification if testing policy (Wyo. 1999)) the employer complies with a (Employment Sec. drug and alcohol of Wyoming Comm’n testing program v. W. Gas approved by the Processors, Ltd., 786 Wyoming P.2d 866 (Wyo. Workers' 1990); Wyoming Compensation Dept. of Emp't, Div. Division. of Unemployment (Wyo. Stat. § Ins. v. Rissler & McMurry Co., 837 P.2d 686 (Wyo. 1992))
or alcohol testing laws for private employers generally. Employers are eligible for a workers’ comp. discount in an amount up to 5% of the base rate for the employment classification if the employer complies with a drug and alcohol testing program approved by the Wyoming Workers' Compensation Division. (Wyo. Stat. § reasonable, suspicion, etc.) under which testing is authorized or prohibited in general employment. entitled to unemployment benefits if they choose to quit a job rather than submit to drug testing if the employer did not either: • Inform employees that a drug test could be required; or • Follow its own drug testing policy (Employment Sec. Comm’n of Wyoming v. W. Gas Processors, Ltd., 786 P.2d 866 (Wyo. 1990); Wyoming Dept. of Emp't, Div. of Unemployment Ins. v. Rissler & McMurry Co., 837 P.2d 686 (Wyo. 1992)) blood, hair, etc.) by a private employer is authorized or prohibited. State law does not specify the substances for which tests can be run by a private employer. State law does not specify where a drug test can or must take place. The Wyoming Supreme Court has recognized that a company collecting specimens as part of an employer’s substance abuse testing program generally owes a duty of care in the collection, handling and processing of the specimen to the employee who submits the specimen. (Duncan v. Afton, Inc., 991 P.2d 739 (Wyo. 1999)) positive, such as procedure. There are no known legal protections in Wyoming to protect employees or applicants who test positive for drugs or alcohol. drug test or any follow-up drug test.
50-State-Survey-Drug-Alcohol-Testing-Laws-August-2015.docx