Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 2 - EMPLOYER COVERAGE, COMPLIANCE, AND DISCOUNT PROGRAMS › Section 2-9 - Drug and Alcohol Testing Program; Employer Discount

Current through July 13, 2024
(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 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.
(H) A statement that
				substance abuse testing is required to be on vacancy announcements, when
				applicable.
(I) A statement
				informing employees where substance abuse testing information is posted on the
				employer's premises.
(J) 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.