Wyoming does not have a standalone statute that tells private employers when they may drug test, what panel to run, or how to handle a positive result. An employer operating in the state builds a testing program around general at will employment principles, a workers compensation exclusion for intoxication, a general unemployment misconduct rule, and a workers compensation premium discount program that rewards a documented testing policy. None of these create a single rulebook the way a dedicated drug free workplace act does in some other states. This guide walks through what the statute and program text actually say, and where an employer needs to rely on a written policy rather than a specific state testing law.
Wyoming law can change, and how an agency or court applies these rules to a specific workplace can vary. Confirm current statute text on the Wyoming Legislature site before relying on it, and talk to counsel before writing or enforcing a testing policy.
No General Private Employer Testing Statute
A search of the Wyoming Legislature's own compiled statutes does not turn up a dedicated law that requires or comprehensively regulates drug testing by private employers. The official statute index is published at wyoleg.gov, and the labor and employment title found there does not contain a general testing mandate or a set procedure for private sector screening. Wyoming is an at will employment state, so an employer generally may adopt pre employment, random, reasonable suspicion, or post accident testing as a condition of employment without a specific statute standing in the way. That flexibility also means a written policy carries more weight than it would in a state with a detailed testing statute, because the policy itself becomes the record of what was promised to employees and what counts as a violation when a claim or a dispute follows.
Workers Compensation: The Intoxication Exclusion
Wyoming's workers compensation law defines what counts as a compensable injury, and that definition carries its own exclusion for intoxication. Under W.S. 27-14-102(a)(xi)(B)(I), the statutory definition of injury does not include harm caused by the fact that the employee was intoxicated or under the influence of a controlled substance, except for a prescribed drug taken as directed by an authorized health care provider. The same statute directs the workers compensation division to define intoxicated and under the influence of a controlled substance in its own rules and regulations.
This is an exclusion from the definition of injury, not an automatic presumption triggered by a positive post accident test. The statute text does not set numeric cutoff levels or describe a shifting burden of proof the way some states do. In practice, an employer or the division raises the exclusion as a defense to a claim, and the division's rules, not the statute itself, fill in how intoxication is defined and documented. An employer that wants to rely on this exclusion should keep a written post accident testing policy, use a confirmed laboratory result rather than a screening result alone, and document any prescription the employee reports before treating a positive result as proof of intoxication.
Unemployment Insurance and a Failed or Refused Test
Wyoming's unemployment statute does not single out drug testing by name. W.S. 27-3-311(f) disqualifies a claimant from benefit entitlement if the Department of Workforce Services finds that the individual was discharged from the most recent work for misconduct connected with the work. That is a general misconduct standard, not a drug specific rule, so the statute text itself says nothing about what role a positive test or a refusal plays in that finding.
In practice, a discharge for failing or refusing a test under a clear written policy that the employee knew about may be treated by the department as misconduct connected with the work, the same way other documented policy violations are treated. Whether a specific failed or refused test supports a misconduct finding depends on the facts of the case and how the department and, if appealed, the courts apply the general standard, so an employer should not assume the outcome and should keep the written policy, the test result, and proof of employee notice on file before relying on this provision.
Cannabis Law in Wyoming
Wyoming has not enacted a medical marijuana program or an adult use cannabis law. Marihuana is listed as a Schedule I controlled substance under W.S. 35-7-1014(a)(xiii), and a separate section bars any practitioner from prescribing or dispensing marihuana, tetrahydrocannabinol, or a synthetic equivalent except a drug that has received final approval from the US Food and Drug Administration, such as dronabinol, under W.S. 35-7-1031(c). Because there is no registered patient status or adult use protection in Wyoming law, none of the off duty use defenses that exist in some other states apply here, and an employer that screens for marijuana in Wyoming is not required to build in an accommodation for off duty use the way an employer in a medical marijuana state generally may be asked to consider.
The Workers Compensation Drug and Alcohol Discount Program
Wyoming's Department of Workforce Services runs a Drug and Alcohol Discount Program as part of its workers compensation premium discount offerings, described on the division's own site at dws.wyo.gov. To qualify, an employer must run pre employment testing, post accident testing, and reasonable suspicion testing, and must conduct random testing covering at least 20 percent of employees per year. The program also requires at least one hour of substance abuse training for employees and two hours for supervisors each year, with training records kept on file. An employer accepted into the program completes an annual renewal application to stay enrolled. This program sits apart from the intoxication exclusion in the workers compensation statute itself. The discount rewards a documented, ongoing testing and training program, while the statutory exclusion is a defense an employer or the division can raise in a specific claim.
DOT Preemption for Safety Sensitive Transportation Employees
None of the Wyoming rules above override federal testing requirements for safety sensitive transportation positions. An employer operating under US Department of Transportation authority, including commercial motor carriers, runs its drug and alcohol testing program under 49 CFR Part 40, the federal rule that governs specimen collection, laboratory certification, and the medical review officer process. Federal law controls the DOT portion of a testing program regardless of what Wyoming law would otherwise allow, and an employer with both DOT covered and non DOT covered employees generally needs two separate, clearly labeled policies so a DOT test is never confused with a company wide policy.
Screening Versus Confirmation
Wyoming's statutes do not describe a specific confirmation method the way some states list gas chromatography mass spectroscopy cutoffs by name. That makes it more important, not less, for an employer to build a screen to confirmation process into its own written policy. A point of care immunoassay cup or dip card gives a fast preliminary result at the collection site, but a nonnegotiated positive screen should route to a certified laboratory for confirmation before it is treated as a violation, a basis for the workers compensation intoxication exclusion, or grounds for an unemployment misconduct finding. Building a medical review officer step into the process gives an employee with a legitimate prescription a documented way to explain a positive result before any of those consequences attach.
| Testing context | Governing authority | Key rule |
|---|---|---|
| Private employer hiring and workplace testing | At will employment, no dedicated statute | Employer written policy controls; no state mandated panel or procedure |
| Workers compensation claims | W.S. 27-14-102(a)(xi)(B)(I) | Injury excludes harm caused by intoxication or controlled substance use, except a prescribed drug taken as directed |
| Unemployment claims | W.S. 27-3-311(f) | General misconduct disqualification; statute does not name drug testing specifically |
| Workers comp premium discount | Department of Workforce Services Drug and Alcohol Discount Program | Requires pre employment, post accident, reasonable suspicion, and 20 percent annual random testing plus training |
| Safety sensitive transportation employees | 49 CFR Part 40 | Federal procedure preempts state variation for DOT covered positions |
Building a Policy Without a State Testing Statute
Because Wyoming leaves most of the testing framework to the employer, a written policy does more work here than it would in a state with a detailed drug free workplace act. The policy should state which positions are tested and under what circumstances, describe the collection and confirmation procedure, and give employees notice that a positive result or a refusal can affect their job and may be considered in a later workers compensation or unemployment matter. None of this is legal advice, and whether a specific policy provision holds up can depend on facts a Wyoming agency or court would review on its own record, so counsel should review policy language before it is adopted or enforced.
Frequently asked questions
Does Wyoming require private employers to drug test their workers?
No. Wyoming has not enacted a statute that requires or comprehensively regulates private employer drug testing. Testing is generally left to the employer's own written policy under the state's at will employment framework.
Does a positive drug test automatically bar a Wyoming workers compensation claim?
Not automatically. W.S. 27-14-102(a)(xi)(B)(I) excludes from the definition of injury any harm caused by intoxication or being under the influence of a controlled substance, except a prescribed drug taken as directed, but the statute does not set numeric cutoffs and the division's own rules define the terms intoxicated and under the influence.
Can an employee lose Wyoming unemployment benefits for failing or refusing a drug test?
It may be possible. W.S. 27-3-311(f) disqualifies a claimant discharged for misconduct connected with the work, and a documented failure or refusal under a clear written policy may be considered as part of that general misconduct standard, though the statute does not name drug testing specifically.
Does Wyoming have a medical marijuana or adult use cannabis law that protects employees?
No. Wyoming has not enacted a medical marijuana or adult use cannabis program, marihuana remains a Schedule I controlled substance under state law, and practitioners are barred from prescribing or dispensing marihuana or THC except for a drug approved under federal law such as dronabinol.
What does Wyoming's workers comp Drug and Alcohol Discount Program require?
The Department of Workforce Services program requires 100 percent pre employment, post accident, and reasonable suspicion testing, at least 20 percent random testing of employees per year, and annual substance abuse training hours for employees and supervisors, with an annual renewal application to stay enrolled.
Do DOT rules override Wyoming law for truck drivers and other safety sensitive transportation employees?
Yes. Employees in safety sensitive positions covered by US Department of Transportation rules are tested under 49 CFR Part 40 regardless of Wyoming state law, and DOT covered employers generally keep that program separate from any company wide policy.
Related reading: for employers weighing the premium side of a testing program, see how workers comp drug testing premium discount programs work across different states, and compare Wyoming's at will framework to a neighboring approach in the Wisconsin drug testing laws guide. American Screening Corporation supplies drug test cups for employers building a documented, confirmation backed testing program.
This article is general information, not legal or medical advice. Confirm current statute text with the Wyoming Legislature and consult qualified counsel before adopting or enforcing a drug testing policy.
