Wyoming Drug Laws
We are going to explore two aspects of Wyoming drug laws and the information necessary to learn how to pass a drug test in Wyoming.
Learning The Basics Of Wyoming Drug Laws.
First, we are not attorneys and can not provide specific advice on the Wyoming Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Wyoming drug laws.
Second, for those of you who are concerned with those Wyoming Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Wyoming.
There Are Four Major Drug Tests Given In Wyoming.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Wyoming.
Wyoming Drug Laws For Employees.
Wyoming has no statute addressing drug test in private employment. Although many states have passed laws regulating or restricting an employer’s right to require drug testing, Wyoming is not one of them. No Wisconsin statute addresses drug testing in private employment.
Wyoming courts have decided a few drug testing cases in the employment context. For example, the court has held that an employee may not collect unemployment benefits for quitting a job rather than submitting to a drug test, if the employee knew, on being hired, that drug testing was required of applicants. In another Wyoming case, a court held that an employee was entitled to unemployment benefits after quitting rather than submitting to a drug test, because the employer had no drug testing policy in place. These cases make clear that an employer should not require drug testing absent a written policy putting employees and applicants on notice. However, they don’t describe the circumstances in which an employer who has such a policy may or may not test.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Wyoming? Even though Wyoming Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Wyoming Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Wyoming employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Wyoming Drug Laws.
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The Wyoming Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Wyoming Are For Breaking Wyoming Drug Laws For Marijuana, Not Federal Or Local Laws.
Wyoming drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Wyoming behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Wyoming using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Wyoming is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Wyoming Drug Test Laws.
- Legal Outlook – An employer seeking state protection with the 5% discount on worker’s compensation is expected to follow the state law with respect to testing. Otherwise, the employer comes under the purview of common law.
- Policy – An employer seeking state protection is expected to maintain a written policy that states the organization’s stand on drug and alcohol testing. The law does not mandate the details to be mentioned in the policy but requires that the policy be followed. The policy must mention the types of tests that will be carried out and the impact of positive testing.
- Cost – The organization is clearly held liable to bear all costs pertaining to the testing.
- Substances – A state protected employer is provided a list of substances including, drug types and alcohol, that may be checked for as per federal DOT rules.
- Impact – A positive test result may lead to action based on policy. The law does not limit or direct disciplinary action on a positive substance abuse result. The worker’s compensation law provides a definition of injury as not including injury when the employee is under the influence of a controlled substance unless it is prescribed by a medical practitioner. This means that some substances may be provided to the employee as a part of medical treatment by a trained prescribing authority. The law provides the benefit of the doubt under such cases.
- Timing – There are no specific rules regarding when a substance abuse test may be carried out. The law however, states the need for such a test after an accident. The employer is given the freedom to decide on random, behaviorally triggered and pre-employment testing.
- Notice – The law does not require an employer to maintain a written notice in a commonly visible area. The absence of a notice has no bearing on the employer’s case if there is a denial of a worker’s compensation or unemployment claim.
- Individual – The law does not define the jobs that must be covered by substance abuse testing. Employers may choose the safety sensitive jobs and refer them for drug testing at their discretion. If a positive test does not result in termination, the employer may decide to subject the individual for random tests for a period as specified in the policy.
- Testing Agency – The federal DOT rules specify the testing agency that is approved and whose results are acceptable in case of legal action. The employer is free to choose an agency that provides testing facilities in line with the organization’s requirements as laid down in the policy.
- Testing Procedure – The federal DOT rules detail out the procedure to be followed in case of substance abuse testing on a pre-specified or random basis. Post-accident procedures and requisite reports are clearly laid down. These procedures must be documented and appropriately analyzed and communicated. Only positive responses may be shared with the employer while the employees may be provided details of the report.