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Utah Drug Testing Laws and Regulations

State: Utah
Statute of Order: Utah Code Ann. ยง34-38-1 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. Employers may require job applicants to take drug test as long as management and employers undergo periodic drug testing. Positive results or refusal to test are grounds for not hiring job applicants. Applicants who fail the drug test may continue to receive benefits while undergoing treatment.
Employee Testing: Employee testing is 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 is authorized for employees of local government entities and state institutions of higher education for post-accident 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.
  • Employees and job applicants may have legal claims regarding who was tested, how the test was conducted and how the results were used. There should not be any violation of state laws regarding drug testing. Discrimination and defamation are not tolerated. Invasion of privacy is not tolerated.
Medical Marijuana Law: There is no legislature for the use of medical marijuana in the state of Utah. The legislators in Utah recently adjourned the 2013 session without even discussing reforms to the current marijuana policies in Utah. To date, possession of an ounce to a pound of marijuana is a misdemeanor that calls for 6 months imprisonment and $1,000 fine.
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Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.


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