If your employer or prospective employer in Wyoming has asked you to take a drug test, you’ll want to know your legal rights. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn’t otherwise require – or prohibit drug tests. For the most part, state and local laws determine whether an employer may test employees and applicants for drugs.
Like many other states, Wyoming gives employers who establish a drug and alcohol testing program a discount on their workers' compensation premiums.
Wyoming employers must test job applicants for drugs; they may (but are not required to) test applicants for alcohol.
Job announcements must state that testing is required.
Wyoming employers must test employees upon reasonable suspicion of drug use, following a workplace accident, and at random. Employers must follow test protocols prescribed by state regulations, including the "strong recommendation" that testing following an accident be done by blood sample.
An employer who tests must have a written policy that includes a statement of the consequences of a positive result and refusing to submit to testing. Employers must give 60 days' notice prior to testing.
An employee who tests positive has five days to contest or explain the result.
Even though Wyoming law allows employers to drug test, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. Here are some examples: