053-10 Wyo. Code R. § 10-2

Current through April 27, 2019

Section 10-2 - Alcohol and Drug Testing Protocols

(a) Nothing in this rule is intended to authorize any employer to test any employee for alcohol or drugs in any manner inconsistent with constitutional, federal or statutory requirements.

(b) Nothing in this rule shall be construed to require an employer to test, or create a legal obligation upon the employer to request an employee to undergo drug or alcohol testing. An employer's decision to post-accident test should be consistent with their substance abuse and testing policy.

(c) All drug and alcohol testing, initial and confirmation, conducted in conjunction with the employer's drug-free workplace policy will be at the employer's expense.

• (i) All testing for alcohol and controlled substances will be conducted in accordance with the requirements of 49 CFR Part 40, which procedures are designed to protect the employee and the integrity of the testing process, safeguard the validity of the test results, and ensure those results are attributed to the correct employee.

• (ii) Pursuant to 49 CFR Part 40, a covered employer may test for any and all metabolites: including synthetic forms of: Amphetamines; Marijuana (cannabinoids); Cocaine (benzolylecgonine); Opiates (codeine, morphine, heroin); PCP (phencyclidine); Alcohol; or any controlled substance subsequently subject to testing pursuant to drug testing regulations adopted by the United States Department of Transportation.

053-10 Wyo. Code R. § 10-2

Amended, Eff. 8/24/2017.