Wyoming Drug Testing Laws 2024

Wyoming Drug Testing Laws 2024

Wyoming drug testing laws are outlined in the Wyoming Administrative Code (053-2, Section 2-9). Drug testing procedures in the state must be in accordance with Rule 49 CFR Part 40 of the United States Department of Transportation (DOT), and employers with established drug-free workplace programs must comply with these laws.

In Wyoming, employees have limited protection under drug testing laws and can be fired if they test positive for any type of illegal drug. Even the detection of non-psychoactive cannabis metabolites in test results can result in disciplinary actions for employees, as cannabis use remains illegal in the state. Employers can also punish employees for off-duty use. However, employees who test positive for drug tests may challenge or explain the test results under certain circumstances.

What Kinds of Drug Tests Can Employers Conduct in Wyoming?

In Wyoming, employers can test employees for amphetamines, marijuana, cocaine, opiates, PCP (phencyclidine), or any other drugs listed in the drug testing regulations of the U.S. Department of Transportation. An employer can collect an employee’s hair follicles, blood samples, saliva, or urine as a specimen for marijuana testing. State laws allow employers to conduct the following kinds of marijuana tests on employees:

1. Pre-Employment Testing - Employers in the state can conduct marijuana tests on new employees before they resume work
2. Random Testing - Employers who adopt Wyoming’s drug-free workplace policies must conduct random marijuana tests on their employees
3. Reasonable Suspicion Testing - Employees may be required to submit to marijuana tests based on reasonable suspicion of cannabis use
4. Post-Accident Testing - Employers may conduct marijuana tests on employees involved in workplace accidents in line with their testing policies. Wyoming laws recommend the use of blood as the specimen for such tests

Can Employers Do Random Drug Testing in Wyoming?

Employers can conduct random drug testing in Wyoming, as provided in the Wyoming Administrative Code (053-2, section 2-9). Employers that adopt the state’s drug testing program must conduct random drug tests on at least 20% of their employees annually. Such employees must be notified of random drug tests in compliance with the drug testing policies of their workplaces.

What Happens if You Fail a Drug Test in Wyoming for a Job?

Employees can be fired or face other disciplinary actions if they fail workplace drug tests in Wyoming. The consequences for failing drug tests must align with an employer's drug testing policy. Employees who fail drug tests may contest or explain positive drug test results within 5 working days of receiving the results.

Can I Be Fired for Refusing a Drug Test in Wyoming?

Yes, employees can be fired in Wyoming for refusing drug tests. Such employees may be unable to contest the decision of employers to fire them for refusing drug tests.

Can You Get Fired for Failing a Drug Test with a Medical Card in Wyoming?

Wyoming does not operate a medical marijuana program because it has yet to legalize medical cannabis. Hence, employees who use marijuana for whatever reason can get fired for failing drug tests for cannabis in the state. Employers can also choose not to hire job applicants who test positive for marijuana.

Can Employers Conduct Drug Tests on Applicants in Wyoming?

Wyoming’s drug testing laws do not authorize employers to conduct drug tests on applicants during interview stages. Employers in the state may only require new employees who are yet to resume work to submit to drug testing.

Is Pre-Employment Drug Testing Allowed in Wyoming?

Wyoming pre-employment drug testing laws allow employers to conduct drug tests on new hires before they resume work. Pre-employment drug testing is mandatory in the state and must be conducted on all newly hired employees, regardless of drug abuse suspicion.

Does Wyoming Allow Public Agencies to Submit Employees to Workplace Drug Tests?

Wyoming drug testing laws apply to private and public sector employees in the state. State and local government employers with drug testing laws can subject their employees to workplace drug tests.

Can Employers Choose to Create Drug-Free Workplace Policies?

Yes, employers in Wyoming can mandate their workplaces to be drug-free. The state has drug-free workplace laws that provide a guide for employers to follow while establishing their own drug-free workplace policies. To enact a drug-free workplace program, an employer in Wyoming must meet the following requirements:

• Have at least one employee in the workplace
• Establish and maintain certificates of good standing with the Wyoming Division of Workers' Compensation, the Unemployment Insurance Division, and the Secretary of State
• Submit an application to participate in the state’s drug and alcohol testing program to the Department of Workforce Services
• Create a written policy that contains the provisions and procedures for a drug-free workplace program
• Their employees must receive education/training on substance abuse for at least an hour annually
• Supervisors in the employer’s workplace must receive at least 2 hours of substance abuse education annually

Employees Exempted From Wyoming Workplace Drug Testing Laws

Wyoming drug testing laws do not specify employees who are exempted from the provisions of such laws. However, federal regulations may exempt some federal employees from drug testing policies in the state.

What are the Requirements for Drug Testing Labs in Wyoming?

Employers conducting drug tests on employees in Wyoming must use labs that are certified by the Substance Abuse and Mental Health Services Administration (SAMHSA). The agency provides a list of Certified Laboratories licensed to conduct workplace drug tests.