Administrative Rule Review Report  #AR07-056

Legislative Service Office

10-Oct-07

 

AGENCY:                                 Department of Employment, Workers' Compensation Division.

 

DATE SUBMITTED:                  October 9, 2007.

 

SUBJECT:                                 Chapter 2, Section 8, Fee Schedules.

 

NATURE OF RULES:                     Legislative and procedural.

 

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

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

 

SUMMARY OF RULES:          W.S. 27-14-201(o) authorizes the Workers' Compensation Division to provide an additional 5% premium discount to employers voluntarily complying with a drug and alcohol testing program approved by the Division.  In January, 2007, the Division adopted a new Section 8 to Chapter 2 of its rules to implement the drug and alcohol testing discount program.  This rule amends the January, 2007 rules in the following respects:

 

·       Currently-required drug and alcohol testing shall be mandated only "to the extent permitted by law."  This would allow the premium discount program for an employer if any testing component, otherwise required by the rule, is prohibited by federal law or court decision;

 

·       Testing shall not be required of job applicants;

 

·        Random or 'reasonable suspicion' testing may be conducted onsite by an employer using a commercially-available screening test, with a follow-up test of any positive result conducted by a certified laboratory.

 

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.

 

 

 

                                                            _______________________

                                                            Gerald W. Laska

                                                            Staff Attorney

 

 

                                                            _______________________

                                                            Dan Pauli

                                                            Director

GWL/