Wyoming Drug-Free Workplace Program – Workers’ Comp Ins. Discount

Introduction

Wyoming offers strong incentives for employers to maintain a safe and drug-free workplace. Under Wyo. Stat. § 27-14-201(o) and Workers’ Compensation Rule Chapter 9 (Drug & Alcohol Testing Program), businesses that implement and maintain a compliant testing program may qualify for a workers’ compensation premium discount of up to 10%.

To be eligible, employers must adopt a written drug and alcohol testing policy, follow approved collection and laboratory procedures, and submit program documentation to the Wyoming Workers’ Compensation Division for approval. Once certified, employers can renew annually to keep their discount in place.

Participating employers not only reduce their premium costs but also gain a safer, more productive workplace with stronger defenses against claims involving substance use.

Benefits of Wyoming’s Drug-Free Workplace Program

Workers’ Comp Premium Credit – Certified employers may receive up to a 10% discount on their workers’ compensation premiums under Wyo. Stat. § 27-14-201(o).
Lower Claim Costs – Drug and alcohol testing helps deter substance-related incidents, reducing workplace injuries, lost time, and claim frequency.
Clear Legal Framework – Wyoming Workers’ Compensation Rule Chapter 9 establishes approved testing standards, policy requirements, and administrative procedures.
Defensible Employment Actions – Proper testing and documentation give employers a stronger defense if an injury is caused by intoxication or substance abuse.
Improved Workplace Safety & Culture – Participation signals a strong commitment to safety, productivity, and employee well-being.
Annual Certification & Renewal – Employers that maintain compliance each year ensure continued eligibility for the premium discount while keeping their workforce policies up to date.

Program Requirements in Wyoming (At a Glance)

Here’s a quick comparison chart based on Wyo. Stat. § 27-14-201(o) and Workers’ Compensation Rules, Chapter 9 & Chapter 10.

Category	Requirement
Statutory Authority	Workers’ Comp premium credit program: Wyo. Stat. § 27-14-201(o). Administered under Workers’ Comp Rules, Ch. 9 (“Drug & Alcohol Testing Program”) and Ch. 10 (“Testing Protocols”).
Premium Credit	Up to 10% discount on workers’ comp base rate for approved programs.
Employer Eligibility	Any employer covered by Wyoming Workers’ Compensation; voluntary participation. Must be in good standing with DWS, Unemployment Insurance, and Secretary of State.
Notice & Posting	Written policy distributed and posted; 60-day notice required before implementing a new policy to enter the program.
Testing Triggers	Required: Pre-employment, Post-accident, Reasonable Suspicion, Random (20% annually). Return-to-duty and follow-up also permitted.
Substances Tested	DOT/SAMHSA 5-panel minimum (THC, cocaine, opiates, amphetamines, PCP, plus alcohol).
Cutoff & Confirmation	Must use federal SAMHSA cutoffs and confirm positives by GC/MS or equivalent per Part 40.
Specimens Allowed	Urine or oral fluid for random, pre-employment, and reasonable suspicion. Blood may be used post-accident when medically appropriate.
Medical Review Officer (MRO)	All results (positive & negative) must be reviewed and reported through an MRO, as required by 49 CFR Part 40, before employer notification.
Employee Education	At least 1 hour annually on substance abuse and policy requirements.
Supervisor Training	2 hours first year (1 hr alcohol + 1 hr drugs), then 1 hr annually thereafter.
Employee Assistance (EAP)	Must provide information on counseling/rehabilitation resources; referral encouraged after positive tests.
Employer Action	Disciplinary action up to termination, or rehabilitation referral, must be detailed in written policy.
Certification & Renewal	Application submitted to DWS; program must be recertified annually. Discount applies for four quarters unless revoked by audit.

Disclaimer: This overview is provided for informational purposes only. Employers should review state requirements and consult with legal counsel or their insurer to ensure compliance.

Detailed Testing Requirements for Wyoming

Wyoming’s certified Drug-Free Workplace Program requires specific testing triggers and adherence to federal testing standards:

Pre-Employment / Applicant Testing – Required before final hire.
Random Testing – Ongoing, with at least 20% of the workforce tested annually using a nondiscriminatory, statistically valid selection process.
Reasonable Suspicion Testing – Based on observable appearance, behavior, speech, or performance indicators, documented in writing.
Post-Accident / Post-Injury Testing – Required whenever an accident results in medical treatment away from the worksite or property damage.
Return-to-Duty Testing – Required before an employee is reinstated after a violation or rehabilitation.
Follow-Up Testing – Required after rehabilitation or reinstatement. Employer must define the frequency and duration in its written policy.

All tests must follow 49 CFR Part 40 protocols: use SAMHSA cutoff levels, GC/MS (or equivalent) confirmation, and MRO review of both positive and negative results before employer notification.

How to Apply for Premium Credit in Wyoming

Develop Your Program – Draft a written Drug-Free Workplace policy that meets the requirements of Wyo. Stat. § 27-14-201(o) and Workers’ Compensation Rules Chapters 9 and 10. Include required testing triggers, SAMHSA/DOT-compliant procedures, MRO review, and employee/supervisor training.
Provide Notice & Education – Give employees 60 days’ written notice before implementing the program. Begin annual employee education and supervisor training per Chapter 9.
Submit Application – File the Drug & Alcohol Testing Program application with the Wyoming Department of Workforce Services (DWS), Workers’ Compensation Division, along with supporting documentation (policy, training plan, and lab/MRO certifications).
Certification & Credit – Once approved, your company is certified and becomes eligible for up to a 10% workers’ compensation premium credit.
Renew Annually – Certification lasts four quarters. To maintain your discount, update training, policy compliance, and reapply for certification each year.

Why Choose ASAP Programs for Compliance?

Due to statutory requirements, Wyoming’s Drug-Free Workplace program demands more than just a policy. Employers must follow strict testing protocols, apply SAMHSA cutoffs, route all results through an MRO, and provide mandatory employee and supervisor training. ASAP Programs helps you manage these requirements with ease, ensuring your business stays compliant and qualifies for the full 10% workers’ comp premium credit. ASAP Programs makes it simple:

Policy Development – We create or update your policy to fully comply with Wyo. Stat. § 27-14-201(o) and DWS Rules Chapters 9 & 10.

Testing Oversight – We coordinate with certified labs and ensure all results flow properly through an MRO per federal Part 40.

Training Support – We provide the required one-hour employee education each year and the two-hour (then one-hour) supervisor training programs.

Application & Renewal – We prepare and submit your annual application to DWS so you can secure and maintain the up to 10% workers’ comp premium discount.

Ongoing Compliance – Regular updates and audits keep your program defensible and in good standing with regulators.

Ready to earn your Wyoming premium credit? Contact ASAP Programs today and let us handle the compliance details so you can focus on running your business.

Last updated: September 2025