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.
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:
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.