Utah Drug Testing Laws and Regulations

State:	Utah

Statute of Order:	Utah Code Ann. §34-38-1 et seq.

Covered Employers:	Private employers, local government entities, and state institutions of higher education.

Applicant Testing:	No restriction on applicant testing in the private sector. Local governments and state colleges may test applicants pursuant to a written policy and with advance notice to applicant. Positive results or refusal to test grounds for not hiring.

Employee Testing:	Employee testing authorized pursuant to employer's written policy, distributed to all employees, in cases of possible employee impairment, workplace accidents or theft, safety maintenance, or productivity/quality/security maintenance. Employees who test positive or refuse to be tested are subject to referral for rehabilitation or disciplinary action, including discharge.

Conditions & Methods:	Documentation showing chain of custody from time of collection and confirming test in case of positive findings. Testing authorized for employees of local government entities and state institutions of higher education for postaccident investigations, reasonable suspicion situations, preannounced periodic testing, and random testing in safety-sensitive positions or when required by federal law.

Important Bulletpoints:	Compliant drug testing of current employees and prospective employees are allowed with the provision that employers and management shall also be periodically subject to testing. Mandatory drug testing is applicable for organizations operating storage or transfer facilities particularly those engaged in transporting high-level radioactive waste within the boundaries of Utah. All costs of drug or alcohol testing required by the employer as condition for employment are at the employer’s expense including transportation costs if applicable. For purposes of administering compensation and benefits, the time allotted to drug or alcohol testing, which may be during or immediately after the regular work period, are considered work time. An employee testing positive or refusal to undergo testing is a basis for disciplinary or rehabilitative actions. Employers may require rehabilitation, treatment or counseling subject to follow-up drug or alcohol testing. Usual procedures related to adverse employment action may also be taken as disciplinary measures. No cause of action may be taken against the employer for enacting a compliant drug or alcohol testing policy unless the employer’s action is based on a false test result. The employer is not liable for monetary damages if reliance on the false result was reasonable and in good faith.

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Utah Drug Testing Laws and Regulations

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