Administrative Rule Review Report  #AR07-004

Legislative Service Office

28-Feb-07

AGENCY: Department of Employment, Workers' Compensation Division.

DATE SUBMITTED: January 3, 2007.

SUBJECT: Chapter 2, Section 8, Drug and Alcohol Testing Program; Employer Discount.

NATURE OF RULES:                   Legislative and procedural.

STATUTORY AUTHORITY:        W.S. 27-14-201(o), 27-14-802

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d).  No comments have been received to date.

SUMMARY OF RULES:      2006 Session Laws, Chapter 1 (HB0009) authorized the Workers' Compensation Division to provide an additional premium discount to employers voluntarily complying with a drug and alcohol testing program approved by the Division.  The Division is adopting a new Section 8 to Chapter 2 of its rules.  The new section provides:

· Application procedures and content;

· Minimum standards for a drug-free workplace and substance testing program, including notice requirements, testing protocols, employee education and supervisor training;

· Documentation and document retention requirements;

· Division authority to audit programs and documents, to revoke the premium discount and to seek reimbursement of the discount following revocation.

FINDINGS:    The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:       That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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Dan Pauli

Director

GWL/