(a) Pursuant to W. S. § 27-14-201(o) employers may receive a premium base rate discount, as determined through the Division's premium rate setting process for their employment classification, by participating in a drug and alcohol testing program approved by the Division.
(b) Employers must have at least one (1) employee to participate in the program, establish and maintain certificates of good standing with Wyoming Workers' Compensation, Unemployment Insurance, and the Secretary of State. Certificates of good standing shall be reviewed on an annual basis to ensure compliance. If certificates of good standing cannot be established and maintained by the employer, that employer shall be removed from the program until such time as the employer reapplies for the program and all program requirements have been met.
(c) Applications to participate in the drug and alcohol testing program may be submitted to the Division at any time and, upon approval, premium base rate discounts shall be implemented in the subsequent calendar quarter.
(d) Upon receipt of a completed application, the Division shall review the application for compliance with these rules and either approve or deny the application. The Division shall deny an application if an applicant fails to meet all of the requirements of these rules. The Division shall also refuse to renew an application if the employer no longer meets or has violated any provision of these rules.
(e) After approval or renewal, the applicable premium base rate discount shall be applied to the following four (4) calendar quarters unless revoked pursuant to these rules.
(f) Applications shall be submitted annually.
(g) Applications shall include the employer's name, employee's printed name and title of the officer/owner, signature of the officer/owner, and date attesting the information contained in the application is a true and factual representation of the drug-free workplace program. A drug- free workplace program shall contain all of the following: - (i) The written policy, which shall include all of the following:
- (A) A statement providing for inclusion of all Workers' Compensation covered employees in the substance abuse testing program.
- (B) A statement of required types of substance abuse testing.
- (C) A statement of actions the employer may take against an employee or job applicant on the basis of a positive confirmed test result.
- (D) A statement of consequences of an employee's or job applicant's refusal to submit to a drug test.
- (E) A general confidentiality statement.
- (F) A statement advising employees with a positive confirmed test result that he or she may contest or explain within five (5) working days after written notification of the test result.
- (G) A statement informing an employee or job applicant of the federal Drug-Free Workplace Act, if applicable.
- (H) A statement affording provision of a sixty (60) day notice prior to implementation of substance abuse testing, if a new policy is implemented in order to enter into this discount program.
- (I) A statement that substance abuse testing is required to be on vacancy announcements, when applicable.
- (J) A statement informing employees where substance abuse testing information is posted on the employer's premises.
- (K) A statement informing employees and job applicants that copies of the substance abuse policy are available in a suitable location on the employer's premises.
- (ii) Substance abuse testing, to the extent permitted by Federal Codes, Wyoming State Statutes, and Local Ordinances, which shall include all of the following:
- (A) Pre-employment, random, reasonable suspicion and post-accident testing.
- (B) Drug and alcohol testing protocols as specified in Chapter 10, Section 2 shall apply to all random, reasonable suspicion and post-accident testing.
- (I) Pre-employment substance abuse testing is exempt from the protocol as specified in Chapter 10, Section 2, with strong recommendation that one hundred (100%) percent of new employees be tested prior to his/her hire date. Alcohol testing is not required for job applicants.
- (II) For random and reasonable suspicion testing, a commercially available urine or hair follicle test consisting of synthetic amphetamines; amphetamines; synthetic marijuana "spice"; marijuana; cocaine; opiates and PCP with specific gravity incorporating Substance Abuse and Mental Health Services Administration (SAMHSA) cutoff levels shall be utilized by a Third Party Administrator. A negative test shall require no further testing unless use of another drug not included on the on-site test is suspected, in such case the sample would be processed as if it were a positive on-site test. A positive drug or low specific gravity onsite urine test shall be immediately processed pursuant to Chapter 10, Section 2. Protocol shall require transfer of the specimen in front of the employee to a container supplied by a certified laboratory, and sealed per instruction with the employee initialing the evidence seal.
- (III) Post-accident testing shall be exclusively processed per Chapter 10, Section 2 with strong recommendation that the specimen be a blood sample.
- (C) To the extent permitted by Federal Codes, State Statutes, and Local ordinances, random testing shall be conducted, at a minimum, on twenty percent (20%) of the average staff on an annual basis.
- (iii) Resources must be made available for employee's needing assistance.
- (A) To include either a statement advising employee of an Employee Assistance Program (EAP) or a statement advising employee of employer's resource file of assistance programs and other persons, entities, or organizations designed to assist employees with personal or behavior problems.
- (iv) Employee education.
- (A) The employer shall provide at least one (1) hour of employee substance abuse education training per year. Employers shall retain records, to include attendee's signatures, dates and training topics, to document employee participation in education.
- (v) Supervisor training.
- (A) The employer shall provide at least two (2) hours of substance abuse education training per year to all supervisors. Supervisors shall receive training to encompass at least sixty (60) minutes on alcohol misuse and at least sixty (60) minutes on drug use. Training shall incorporate physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of drugs. Employers shall retain records, to include attendee's signatures, dates and training topics, to document supervisory participation in training.
(h) Drug-free workplace program compliance and revocation. - (i) An employer shall maintain compliance with their drug-free workplace program during the time period for the discount program.
- (ii) An employer shall be responsible for document retention to substantiate compliance with the substance abuse testing provisions in the employer's approved annual drug free workplace program. An employer shall preserve such records for a period of two (2) years after the calendar year in which the respective program was approved by the Division.
- (iii) Pursuant to W. S. § 27-14-803 and in accordance with Chapter 2, Section 5, Audits, the Division may investigate and examine the employer's documentation as pertains to compliance with their approved drug-free workplace program(s). If the Division finds the employer to be in noncompliance after reviewing the relevant documentation, participation in the employer base rate discount program for alcohol and drug testing will be revoked. Employers shall have their premium rates adjusted to the industry classification base rate as adjusted by the experience rating.
- (iv) The Drug and Alcohol Testing Program; Employer Discount shall be in effect each year unless an audit is conducted and the employer is found to be out of compliance with any of the program requirements. If the preceding occurs, the employer shall be removed from the program until such time as the employer reapplies for the program and all program requirements have been met.
Amended, Eff. 10/13/2016.
Amended, Eff. 12/11/2018.