Some states have comprehensive laws that regulate or prohibit alcohol and drug testing in private sector workplaces, but Wyoming does not have such a law. Wyoming employers are therefore free to implement any drug and alcohol testing program at their own discretion.
A 5 percent workers' compensation premium discount is available to employers complying with a drug and alcohol testing program (WY Stat. Sec. 27-14-201).
The Wyoming Fair Employment Practices Act prohibits discrimination in employment against qualified disabled individuals (WY Stat. Sec. 27-9-101 et seq.). The law applies to private employers with two or more employees and all public employers. While the state law does not state whether alcohol or drug use falls into that category, current use of illegal drugs is not a protected disability under the federal Americans with Disabilities Act (ADA). Alcoholism is considered a disability, but federal law provides that an employer may hold an alcoholic employee to the same qualifications and job performance standards as other employees, even if unsatisfactory performance is caused by the alcoholism.
In order to maintain discounted workers' comp rates, Wyoming employers must have and comply with a drug-free workplace policy according to a letter issued by the Wyoming Department of Employment. In the letter, the Department states that it is necessary to implement and enforce policies regarding a drug-free workplace to maintain enrollment in the state's Safety Discount Program.
Under the state's workers' compensation law, employers may receive a discount on their workers' comp rates by establishing a safety program that meets ...