Drug testing is a significant part of recruitment in any workplace. But for some employers, conducting these tests can be tricky, especially in Wyoming. Wyoming drug-testing laws are changing, and employers should know about the upcoming changes.
The changes will allow employers to conduct drug testing efficiently. Wyoming's drug-testing laws currently require employers to have a drug-free workplace to get a discount on the worker's compensation insurance. Wyoming law also protects employees who test positive for certain prescription drugs.
However, this doesn't protect employees who test positive for certain cannabis-based products. The employers must comply with the rules set in place by the Federal Government for drug testing. Despite this, some employers still have concerns about employee privacy and related matters. Moreover, the following article will help you get a good understanding of Wyoming drug testing laws 2022.
Table Of Contents:
- CPS/Child Protective Services Drug Testing Laws In Wyoming
- Best Option For CPS Hair Follicle Drug Test In Wyoming
- New Born Drug Testing Laws In Wyoming
- Pre-Employment Drug Testing Laws In Wyoming
- Do Teachers Get Drug Tested In Wyoming?
- Top 10 Companies And Agencies That Drug Test In Wyoming
- Top 10 Jobs In Wyoming That Don't Drug Test
- Wyoming Employer Drug Testing Laws
- What Are The Consequences Of Failing A Drug Test On Probation In Wyoming?
CPS/Child Protective Services Drug Testing Laws In Wyoming
According to the Wyoming CPS/Child Protective Services, drug testing may be required if the state's Child Protective Agency has reason to believe that a child is being abused. The state's Child Protective Service Agency will conduct a drug test and make an informed decision on whether to remove the child from their home.
However, Wyoming CPS policy guides the state Child Protective Service Agency on how to conduct drug testing, which substances to test for, and what actions will be taken in the event of a positive drug test.
Additionally, Wyoming, like most states, created a child protection system in statute with five fundamental components:
- A protocol or procedures for the treatment, assessment, and rehabilitation of the child;
- A system of supervision;
- Accountability to a parent or guardian;
- Detection and reporting of neglect or abuse to an authority;
How Does CPS Drug Test Work In Wyoming State?
The state of Wyoming's Family Services Code defines the term "Department" as the Division of Family Services, which is responsible for administering child protective services.
This section also authorizes the Department to investigate reports of suspected substance abuse or neglect and, if appropriate, to provide temporary care for children in danger of being abused or neglected. However, the Wyoming CPS drug testing rule establishes that the Department must ensure that drug test specimens are handled to ensure the confidentiality of the person being tested. A few other rules are listed below:
- The Department shall only perform testing to identify prohibited substances.
- The CPS may test Children for MMJ, including synthetic and home-growing varieties thereof.
- Parents or guardians must consent to the test.
- Only a trained and sworn peace officer may administer the drug test.
- The Department shall not require a child to take a drug test without first providing notice and explaining their rights in this regard.
- Children can only be drug tested upon reasonable suspicion of substance abuse or neglect.
What Type Of Drug Tests Does CPS Use In Wyoming?
The Wyoming Child Protective Service Agency may conduct drug testing at the child's home or any other location where a child is in their care. The State's Child Protective Service Agency considers the child's age, mental and physical condition, and the presence of abuse or neglect.
Child Protective Services in Wyoming may conduct the following drug tests:
- For alcohol and drug-based substances, urine testing is commonly known as 'urinalysis.'
- For MMJ (including synthetic MMJ), saliva testing. This test is called 'oral fluid analysis.' The state also limits the attorney's ability to challenge a positive drug test.
- For substances other than MMJ, the CPS might conduct hair testing.
Best Option For CPS Hair Follicle Drug Test In Wyoming
Hair testing is one of the best ways followed to drug test employees in Wyoming. The Uritox Hair Follicle Drug Test will identify even the smallest samples of drugs. Moreover, this test is not only accurate but reliable for a drug-free workplace as well.
The Uritox Hair drug test kit is an easy-to-use and cost-effective solution. In addition, Uritox is an FDA-approved hair drug test. The test kit can test for up to 28 drugs. It has a method specific for each drug. The process involves a simple sample of the hair, and it is performed in approximately five minutes.
New Born Drug Testing Laws In Wyoming
According to the Wyoming state law, a parent must submit to a drug test with their newborn. This test will be conducted utilizing the same tools used for testing during the pregnancy.
According to state law, drug testing for a pregnant mother or a newborn happens only in the case when there is a reasonable suspicion of abuse or neglect. Parents and newborns who test positive for drugs will be required to undergo treatment or participate in a supervised rehabilitation program. The goal of this law is not to punish parents but to protect their children and themselves.
Pre-Employment Drug Testing Laws In Wyoming
According to the Wyoming state law, the employer may conduct pre-employment drug testing if the employers are permitted to do so. However, according to Wyoming state law, no specific law prevents an employer from requiring a prospective employee to take a drug test.
Moreover, these employers may not ask prospective employees to take the drug test until they have given them a written notice of employment offer. The pre-employment drug testing is done to ensure that the applicant does not have a history of drug abuse.
However, employers are required to use Federal Workplace Drug Testing Rules. In addition, as per the Wyoming State law, pre-employment testing is necessary in case of the following:
- People who operate or work with heavy machinery and equipment.
- People who work with dangerous items, hazardous substances, explosives, firearms, or radioactive substances.
- People who work with children.
- Workers and employees are working in a regulated industry, for example, liquor dealers, auto repair stores, and car washes.
Moreover, suppose an employee fails/refuses to submit to a pre-employment drug test. In that case, the employer may require the employee to complete a medical examination, a physical examination, or provide an explanation of their refusal.
Do Teachers Get Drug Tested In Wyoming?
Wyoming does not have a specific law requiring that school district teachers submit to a drug test. Wyoming does not have the policy to test teachers for drugs as well randomly. However, in Wyoming, teachers are not permitted to test positive for illegal drugs while on school grounds.
Moreover, if a teacher is suspected of being under the influence of a drug or post-accident at school and is taken into custody, the employer might test them. If the test indicates that they were under the influence of drugs, a valid reason for their possession is needed. Furthermore, a failed drug test might even lead to termination.
Top 10 Companies And Agencies That Drug Test In Wyoming
The following are the ten companies and agencies that drug test in Wyoming:
- Church & Dwight: Church & Dwight is an American manufacturer and marketer of consumer products that include household and personal care items. The company follows a drug-free workplace policy by drug testing its employees.
- Gordon food services: This Company is a food service distributor with its headquarters in Wyoming and many more states. The company drug tests all of its current employees and new hire.
- Black Butte Coal Co.: This Company is also a coal mining company. According to Wyoming state law, this company drug tests its employees and new hires.
- Travel center of America: This Company is a truck stop chain and travel center network with many locations in Wyoming. The company has a Drug-free Workplace Policy. All its employees are required to go through a drug test.
- Sovereign Bank: Sovereign Bank is an American financial institution established in 1985 and acquired by Sovereign Bank of Texas. All of the employees of this bank are required to undergo a drug screening.
- Wal-Mart: The huge retail corporation Wal-Mart has many branches in Wyoming. The company drug tests all of its employees at the time of hire and then again once or twice during their employment.
- Sierra Trading Post: Sierra Trading Post is a retail company that sells similar products to those found at Wal-Mart. According to the company's drug-testing policy, all of its employees must submit a drug test at some point during their employment.
- Big Horn Federal: Big Horn Federal is a small federal savings bank based in Wyoming. All of the company's employees need to submit to pre-employment drug testing and random drug screening.
- FMC: FMC is a global chemical company that produces and supplies various products. According to its drug policy, all of its employees are subject to drug testing.
- Trek: The bike company Trek is a Canadian-American bicycle manufacturing and retail chain. It has many outlets in Wyoming. All of the employees receive drug testing as part of the company's drug-free workplace policy.
Top 10 Jobs In Wyoming That Don't Drug Test
The following are the jobs in Wyoming that do not drug test:
- Attorneys: According to the Wyoming state law, all the attorneys in the state are not subject to pre-employment drug testing.
- Teachers: Wyoming does not have a specific law requiring that school district teachers submit to a drug test. However, in Wyoming, teachers are not permitted to test positive for illegal drugs while on school grounds.
- Speech Therapists: These therapists help people with speech, language, and communication disorders. According to the Wyoming state law, speech therapists in the state are not subject to drug testing.
- Florists: Wyoming does not have a specific law that requires that florists be subject to pre-employment and random drug testing.
- Computer Professionals: Wyoming does not have a specific law requiring computer professionals who work with computers and electronic documents to be subjected to pre-employment and random drug testing.
- Fitness Trainers & Aerobics Instructors: Professionals who work with fitness and aerobics exercise memberships are not required to undergo a pre-employment drug test in Wyoming.
- Real Estate Agents: Real estate agents do not require drug testing as per the Wyoming state law.
- Auto Mechanics: Mechanics do not need to submit to pre-employment drug testing in Wyoming. Moreover, they are not subject to random testing also.
- Cosmetologists: Cosmetologists work on the hairstyles and skincare of people. However, they do not require drug testing in Wyoming.
- Culinary Arts Professionals: Cooking is one of Wyoming's most popular professional jobs. However, culinary art professional is not required to submit to drug testing before and during their employment.
Wyoming Employer Drug Testing Laws
Wyoming has no specific drug testing law besides being on or under the influence of a controlled substance while working. Wyoming has no regulation limits and restrictions that require employers to drug test employees.
Since no law in the state requires drug testing, it is up to the discretion of each employer. However, the rules set by the employer must comply with the federal laws outlined in the federal Drug-Free Workplace Act of 1988 and void engaging in acts that can be construed as discrimination, defamation, and an invasion of privacy.
Moreover, the state offers employers who implement a drug-free workplace program a 10% per year discount on their workers' compensation insurance. In addition, drug testing is not a requirement, and there are no penalties for companies that fail to comply with this law.
If an employer chooses to enforce a drug and alcohol testing program, it must inform employees in writing of the substance and substances being tested for. The employer must provide written notice to the employee within three days of the initial test.
Moreover, the written notice must inform both employees and applicants that the employer has a drug-free workplace policy. If an employee tests positive for drug use, their employer must report the test results to the employee.
The employer can allow employees who test positive for drug use to remain in their employment, discharge the employee, or take a leave of absence.
What Are The Consequences Of Failing A Drug Test On Probation In Wyoming?
According to the Wyoming state law, people on probation need to submit a drug test at the time of their release and random drug testing while on probation. If the person tests positive for drug use, then the person can be taken back into custody and receive additional time in prison instead of being released.
The only exemption from the state law is in cases of medical emergencies. Suppose the state of Wyoming suspects that a person is under the influence of a controlled substance due to a medical emergency. In that case, that person can be released to a medical facility instead of being taken into custody.
Moreover, the person is always given an option to hire an attorney to represent them and try to contest the charges. If the person challenges the charges and is found guilty, the court will not revoke their probation.
The laws of Wyoming state that there are no specific guidelines on drug testing of employees but the law ensures that the employees are not discriminated during the drug testing. The laws require employers to inform their employees of the substance and substances they test for. If an employer chooses to test, each should follow the federal laws on drug testing.
Moreover, there are no penalties for companies that fail to comply with these laws. However, employers must be careful about testing for drugs since people can challenge their results based on federal law and Wyoming state laws.
Is there a medical cannabis law in Wyoming?
The state of Wyoming has some of the strictest laws regarding medical cannabis. It is one of the few states that continues to criminalize cannabis possession, cultivation, and distribution of cannabis. The state does not provide any exceptions for medical cannabis.
In addition, the cultivation and use of cannabis without a prescription and license is considered a felony. Moreover, those convicted of cultivating MMJ will be charged a $10,000 fine and serve up to 10 years in prison.