State of Wyoming Substance abuse Policy

Execati.ve Order 1990-
STATE OF WYOMING
SUBSTANCE ABUSE POLICY
I. Purpose - Employees are Wyoming State Government's most valuable resource and their
health and safety is a' major concern. Substance abuse is a national crisis which has detrimentally
affected the lives of many citizens and has adversely affected the work place. The State of
Wyoming will not tolerate substance abuse or use which affects the health and well-being of its
employees or threatens its service to the public.
The State of Wyoming is committed to maintaining a safe and healthy work force, free from the .
influence of substance abuse. Additionally, the State of Wyoming will comply with the
requirements of the f=ederal Drug-Free Work Place Act of I986,
The use of illegal drugs and abuse of controlled substances, on or off duty, is illegal. Employees
who use illegal drugs or abuse controlled substances or alcohol, on or off duty, may be less
productive, less reliable and prone to absenteeism resulting in increased cost, delay and risk in
providing services. Ultimately, they may threaten the State's ability to effectively and safely
service the public.
2. Policy - it is the policy of the State of Wyoming to maintain a work place free of substance
abuse.
• Reporting to work or performing work for the State while impaired by or under the
influence of illegal drugs or alcohol is prohibited. Testing for drug or alcohol use is not
required in determining whether an employee is impaired by or under the influence of
drugs or alcohol. Eyewitness evidence of unusual behavioral and physical signs and
symptoms can be used to determine whether an employee is impaired or under the
influence of drugs or 'alcohol.
• The illegal use, possession, dispensation, distribution, manufacture, or sale of a
controlled substance by an employee in the work place is prohibited.
Violation of such prohibitions by an employee shall result in discipline in accordance with
the State of Wyoming Personnel Rules and applicable agency policies and procedures.
• The conviction of an applicant or employee for the illegal use, possession, dispensation,
distribution, manufacture, or sale of a controlled substance outside the work place shall
be taken into consideration in determining job qualifications or in administering
disciplinary action up to and including dismissal.
• Employees shall notify their agency of any criminal drug statute conviction not later than
five (5) days after such conviction.
• Agencies that receive federal grants or contracts must report any criminal drug statute
convictions of their employees engaged in the performance of a federal grant or contract,
to federal agencies from which grants or contracts are received within ten (10) days after
receiving notice from the employee or otherwise receives actual notice of such
conviction.

All employees shall be given a copy of the Substance Abuse Policy. Employees shall be
informed that they must abide by the terms of the policy as a condition of employment
and of the consequences of any violation of such policy,
3, Awareness Program - State agencies shall inform employees about the dangers of substance
abuse by establishing a Substance Abuse Awareness Program. The Substance Abuse
Awareness Program shall contain provisions to Inform employees about the: (1) dangers of
alcohol and drug abuse; (2) State of Wyoming Substance abuse Policy; (3) availability of effective
treatment and counseling for employees who voluntarily seek such assistance; and (4) sanctions
the State will impose for violations of its Substance Abuse Policy. Sanctions imposed shall be
done in accordance with the State of Wyoming Personnel Rules
SUBSTANCE ABUSE POLICY GUIDELINES
The purpose of these guidelines Is to assist State agencies in the administration of the State`s
substance abuse policy. The policy statement is a written description of the State's position
regarding substance abuse and the guidelines were developed to provide guidance In supporting
that position. Questions concerning the State's substance abuse policy and these guidelines
should be directed to the State Human Resources Division.
Substance Abuse Policy Definitions:
(1) "Substance" means alcohol or drugs.
(2) "Alcohol" means ethyl . alcohol or ethanol,
(3) "Drugs" means any substance including controlled substances and
prescription drugs, taken into the body, other than alcohol, which may impair
one's mental faculties, change one's mood and/or physical performance.
(4) "Abuse" means:
a. Any use of an Illegal drug:
b, Misuse of any over-the-counter drug in cases where such
misuse impairs job performance;
c. Use of any prescription drug in a manner Inconsistent with its
medically prescribed Intended use, or under circumstances
where use is not permitted;
d. Use of alcohol where use impairs job performance; and
(5) "Work Place" means a State-owned or utilized premise for official State
business. This also Includes State-owned vehicles and personal vehicles which
are being used to conduct State business,
(6) "Controlled Substance" means a drug, substance, or immediate precursor in
schedules I through V of Article ill of the Wyoming Controlled Substance,Act of
1.971.
Federal and State Handicapped Discrimination Laws

State agencies which receive federal financial assistance are covered by the handicapped
discrimination in employment provisions of the Vocational Rehabilitation Act of 1973. All State
agencies must comply with the Wyoming Fair Employment Practices Act of 1965, which prohibits
discrimination in employment on the basis of handicap. Under the above laws, a "handicapped"
person means any person who has a physical or mental impairment which substantially limits one
or more major life activities, has a record of such impairment, or is regarded as having such an
impairment.
Drug addiction and alcoholism are "physical or mental impairments" within the meaning of state
and federal laws. Therefore, employees addicted to drugs and/or alcohol are handicapped if their
impairment substantially limits one of their major life activities and have a record of such
impairment or are regarded as having such impairment. it must be emphasized that the state and
federal laws and regulations apply only to discrimination against qualified handicapped persons.
The fact that drug addiction and alcoholism may be handicaps does not mean that these
conditions must be ignored in determining whether an individual is qualified for employment
opportunities.
An agency may hold an employee addicted to drugs and/or alcohol to the same standard of
performance and behavior to which they hold others, even if any unsatisfactory performance or
behavior is related to the person's drug addiction or alcoholism. While an employee addicted to
drugs and/or alcohol may not be denied employment or adversely affected solely because of his
or her addiction, the behavioral manifestations of the condition may be taken into account in
determining whether he or she is qualified.
An agency does not have to hire an applicant with a known addiction to drugs or alcohol when the
addiction prevents successful job performance. An agency may consider, for all applicants and
employees, past work history, absenteeism, disruptive, abusive or dangerous behavior, violations
of rules or laws, and unsatisfactory work performance in determining suitability for employment.
Agencies shall enforce rules prohibiting the possession or use of alcohol ar illegal drugs in the
work place equally and in a nondiscriminatory manner.
Both state and federal laws require an employer to make a reasonable accommodation to the
known physical or mental limitations of a handicapped applicant or employee unless the employer
can demonstrate that the accommodation would Impose an undue hardship. Where a
handicapped person Is not qualified to perform a particular job, where reasonable
accommodation does not overcome the effects of a person's handicap, or where reasonable
accommodation causes undue hardship to the employer, the failure to hire or promote the
handicapped person will not be considered discrimination. Reasonable accommodations may
include modification of work schedules, including part-time employment, job restructuring or
granting authorized leave to enroll in and attend a treatment program.
Policy Dissemination
Agency heads should ensure that all employees are informed of the State's substance abuse
policy and implementing guidelines. Supervisors should be trained in monitoring and .
documenting behaviors affected by substance abuse, such as attendance, presence at the work
site, alertness, safety practices, quality and quantity of work, and personal interactions with
clients, co-workers, and the public.
Documentation
Documenting incidents involving possible substance abuse in the work place is necessary in
identifying and effectively dealing with the problem. Proper documentation is essential in
providing assistance to an employee or, If necessary, justifying disciplinary action. The following
steps should be taken to assure that proper documentation is made:

• Document signs of unusual behavior and deteriorating Job performance of each
employee. Although the abuse of drugs er alcohol are personal problems, it becomes
important to management when it affects the employee's job performance.
• Be specific in documenting when and where you observe signs of unusual behavior and
deteriorating job performance. The date, time and place of such Incidents is necessary
for proper documentation. Note exactly what you observe concerning the employee 's
conduct.
• Where possible, Include any supporting evidence to substantiate drug abuse or alcohol
use. If there are other witnesses, it is important to note who they are and record their
comments. If an employee admits to drug or alcohol use, record his/her exact response.
• Retrieve and preserve any physical evidence which you suspect may be alcohol or an
illegal drug, Note the time and place when this was done so the exact nature of the
substance can be accurately identified.
Document the date and time that any signs of unusual behavior and deteriorating job
performance are discussed'with an employee and record the content of the discussion.
Treatment Referral
When it appears that personal problems associated with substance abuse may be impacting job
performance, management should assist the employee. If discussions do not succeed in
changing the worker's behavior, management should;
▪
▪
Express genuine concern to the employee about the lack of noticeable improvement,
identify and explain the substandard work performance.
• Inform the employee that if the problem is personal, it is the employee's responsibility to
resolve it.
• Call attention to the availability of community resources that offer confidential assistance
for personal problems.
• Emphasize that lack of improvement in job performance could lead to disciplinary action.
• Diagnosis of alcohol or drug-related treatment problems can only be made by persons
having the appropriate training and qualifications. Therefore, referral (other than selfreferral)
for diagnosis, counseling, and/or treatment should be based solely on identified
and documented work performance deficiencies.
Self-referrals, as well as management referrals, to counseling and/or treatment should be
afforded maximum respect for individual confidentiality consistent with safety and security
issues.
• An employee's job should not be jeopardized in any manner solely because of referral for
diagnosis, counseling or treatment. Agency management should consider the operational
needs of the agency in authorizing leaves of absence for diagnosis, counseling, and
treatment. .
Disciplinary Action

Violation of the substance'abuse policy, which has been properly documented and substantiated,
shall be considered just cause for disciplinary action in accordance with the State of Wyoming
Personnel Rules,
(Refer to state of Wyoming Personnel Rules, December 7, 2001, Chapter 1, Section 8)

Section 8. Substance Abuse.
(a) Policy, It is the policy of the State of Wyoming to maintain a
workplace free of substance abuse:
1-4
(1) Reporting to work or performing work for the State while
impaired by or under the influence of illegal drugs or alcohol is prohibited, Testing
for drug or alcohol use is not required in determining whether ars employee is
Impaired by or under the influence of drugs or alcohol. Eyewitness evidence of.
unusual behavioral and physical signs and symptoms can be used to determine
whether an employee is impaired or under the Influence of drugs or alcohol.
(II) The illegal use, possession, dispensation, distribution,
manufacture or sale of a controlled substance by an employee In the workplace is
prohibited.
Oil) Violation of such prohibitions by an employee shall result iri
discipline in accordance with the State of Wyoming Personnel Rules and
applicable agency policies and procedures,
(iv)The conviction of an applicant or employee fur the illegal use,
possession, dispensation, distribution, manufacture or sale of a controlled
substance outside the workplace shall be taken into consideration In determining
job qualification or in administering disciplinary action up to and including dismissal.
(v)Employees shall notify their agency of any criminal drug statute
conviction not later than five (5) days after such conviction.
(vi)Agencies that receive federal grants or contracts must report
any criminal drug statute convictions of their employees engaged in the
performance of a federal grant or contract, to federal agencies from which grants
or contracts are received within tan (10) days after receiving notice from the
employee or otherwise receives actual notice of such conviction.
(vii)All employees shall be given a copy of the Substance Abuse
Policy. Employees shall be informed that they must abide by the terms of the
policy as a condition of employment and of the consequences of any violation of
such polio/.