(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.
(ii) Substance
abuse testing, to the extent permitted by federal codes, Wyoming state
statutes, and local ordinances, 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,
Wyoming 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. Such
assistance must 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 behavioral
problems.
(iv) Employee Education.
The employer shall provide at least one (1) hour of employee substance abuse
education training per year. Employers shall retain records, to include
attendees' signatures, dates and training topics, to document employee
participation in education.
(v)
Supervisor Training. 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, including attendees'
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 Section 5 of this chapter, 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.
