Wyoming Alcohol & Drugs: What you need to know

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. There is more information on developing a program. Please see the national Alcohol and Drugs section.

The Wyoming Fair Employment Practices Act prohibits discrimination in employment against qualified disabled individuals (WY Stat. Sec. 27-9-101et 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. Please see the national Disabilities section.

Under the state's workers' compensation law, employers may receive a discount on their workers' comp rates by establishing a safety program that meets specific criteria, one of which is a drug-free workplace policy. More information is available at http://www.wyomingworkforce.org/_docs/wc/Drug-Free-Workplace-Discount-Application.pdf.

The Drug-Free Workplace Act of 1998 establishes a drug-free workplace demonstration program within the U.S. Small Business Administration (SBA). ...