discount to participants. Te Wyoming law not only requires compliance with the federal alcohol testing standards, but it repeats that requirement several times in the statute. For example, it provides great clarity and an endorsement of the federal guidelines: “All testing for alcohol and controlled
substances will be conducted in accordance with the requirements of 49 CFR Part 40, which procedures are designed to protect the employee and the integrity of the testing process, safeguard the validity of the test results, and ensure those results are atributed to the correct employee.” The definition section includes
the following: “Alcohol Test. Means an analysis of breath or saliva or any other analysis, which determines the presence and level or absence of alcohol,
as authorized by the United States Department of Transportation in its rules and guidelines concerning alcohol testing and drug testing.” In Wyoming there can be no doubt
that federal alcohol testing standards are required as part of the state’s voluntary drug and alcohol testing law.
Conclusion Te federal government continues to require certain private sector employers to test for alcohol. Standards for such testing have been in place for many years and have established a quasi-gold standard for alcohol testing. Some states have adopted into their own regulations those federal standards either in full or in part. Before proceeding with a workplace alcohol testing program, check
with the state laws that apply to you. Even if you choose to conduct alcohol testing in some way that is inconsistent with the federal guidelines, you may be required to adhere to them in some of the states in which you do business. ❚
Bill Current is the President and Founding Partner of The Current Consulting Group and a 25-year veteran in the drug testing industry. He is the former director of the Institute
for a Drug-Free Workplace, Executive Director of the American Council for Drug Educa- tion, and Vice President of Consulting for Employee Information Services. He publishes
CurrentCompliance.org, a drug testing legal database, and conducts the Annual Drug Testing Industry Survey, now in its 16th year.
www.datia.org
datia focus
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