Employee Drug Testing Laws in Wyoming
Posted by Courtney
Hello and welcome to this short discussion of Employee Drug Testing Laws in Wyoming. I discovered some important information about this increasingly that I believe would help answer questions. As is the case in many states, Wyoming does not have a general or comprehensive law that applies to drug testing. Following federal law and federal court cases, states and local governments cannot require private employers to test for drugs or alcohol.
Many states do have laws that specifically allow or encourage drug-testing policies for private employers and some include incentives such as discounts on workers’ compensation insurance premiums. These premiums can range from 5% to 20%. In addition, some states deny unemployment benefits to workers who have been discharged from their job due to misconduct related to drug or alcohol use. States also forgive the charges related to insurance or unemployment that may commonly be paid by the employer.
Federal law and some state law also cover certain jobs for which drug testing is mandated. Some of these jobs are covered under the federal Omnibus Transportation Employee Act. For instance, jobs would include those requiring a commercial driver’s license, airline pilots, and those who operate construction equipment on or near a public highway.
In addition, drug testing is mandated for many jobs in which explosives or toxic chemicals are handled, for law enforcement and corrections officers who use a firearm in their work, and for some medical personnel and those who work with the elderly and disabled.
In 2006, a bill was introduced in Wyoming that would establish a drug-free workplace account to which employers would contribute. The funds would be used to administer a drug-free workplace program among those who are involved in Wyoming’s Workforce Development program. According to the bill as introduced, this would be a voluntary program and would not be required to participate in the Workforce Development program. The bill provides that the program would be made available to all state employees, school districts and the state’s university system.
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