Section 1 – Legislative findings — Purpose and intent of chapter.

34-38-1. Legislative findings — Purpose and intent of chapter. (1) The Legislature finds that a healthy and productive work force, safe working conditions free from the effects of drugs and alcohol, and maintenance of the quality of products produced and services rendered in this state, are important to employers, employees, and the general public. The […]

Section 10 – A cause of action does not arise against employer unless inaccurate test result — Presumption and limitation of damages in claim against employer.

34-38-10. A cause of action does not arise against employer unless inaccurate test result — Presumption and limitation of damages in claim against employer. (1) A cause of action may not arise in favor of a person against an employer who establishes a program of drug or alcohol testing in accordance with this chapter, and […]

Section 11 – Bases for cause of action for defamation, libel, slander, or damage to reputation.

34-38-11. Bases for cause of action for defamation, libel, slander, or damage to reputation. No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of any person against an employer who has established a program of drug or alcohol testing in accordance with this chapter, unless: (1) the […]

Section 12 – No cause of action for failure of employer to establish testing program.

34-38-12. No cause of action for failure of employer to establish testing program. No cause of action arises in favor of any person based upon the failure of an employer to establish a program or policy of drug or alcohol testing. Enacted by Chapter 234, 1987 General Session

Section 13 – Confidentiality of test-related information.

Effective 5/4/2022 34-38-13. Confidentiality of test-related information. (1) For purposes of this section, “test-related information” means the following received by the employer through the employer’s drug or alcohol testing program: (a) information; (b) interviews; (c) reports; (d) statements; (e) memoranda; or (f) test results. (2) Except as provided in Subsections (3) and (6), test-related information […]

Section 14 – Employee not a person with a disability.

34-38-14. Employee not a person with a disability. An employee or prospective employee whose drug or alcohol test result is confirmed as positive in accordance with this chapter may not, because of those results alone, be defined as a person with a disability for purposes of Title 34A, Chapter 5, Utah Antidiscrimination Act. Amended by […]

Section 15 – No physician-patient relationship created.

34-38-15. No physician-patient relationship created. A physician-patient relationship is not created between an employee or prospective employee, and the employer or any person performing the test, solely by the establishment of a drug or alcohol testing program in the workplace. Enacted by Chapter 234, 1987 General Session

Section 3 – Testing for drugs or alcohol.

34-38-3. Testing for drugs or alcohol. (1) If an employer tests an employee or prospective employee for the presence of drugs or alcohol as a condition of hiring or continued employment, the employer is protected from liability as provided in this chapter if the employer complies with this chapter. However, employers and management in general […]

Section 4 – Samples — Identification and collection.

34-38-4. Samples — Identification and collection. In order to test reliably for the presence of drugs or alcohol, an employer may require samples from his employees and prospective employees, and may require presentation of reliable identification to the person collecting the samples. Collection of the sample shall be in conformance with the requirements of Section […]

Section 5 – Time of testing — Cost of testing and transportation.

34-38-5. Time of testing — Cost of testing and transportation. (1) Any drug or alcohol testing by an employer shall occur during or immediately after the regular work period of current employees and shall be deemed work time for purposes of compensation and benefits for current employees. (2) An employer shall pay all costs of […]

Section 6 – Requirements for collection and testing.

34-38-6. Requirements for collection and testing. (1) The collection and testing of a sample for drugs and alcohol under this chapter shall be performed in accordance with this chapter. (2) The collection of a sample shall be performed under reasonable and sanitary conditions. (3) A sample shall be collected and tested: (a) with due regard […]

Section 7 – Employer’s written testing policy — Purposes and requirements for collection and testing — Employer’s use of test results.

34-38-7. Employer’s written testing policy — Purposes and requirements for collection and testing — Employer’s use of test results. (1) Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy which has been distributed to employees and is available for review […]

Section 8 – Employer’s disciplinary or rehabilitative actions.

34-38-8. Employer’s disciplinary or rehabilitative actions. (1) An employer may take an action described in Subsection (2) if: (a) the employer receives a test result that: (i) indicates a failed test; (ii) is confirmed as required by Subsection 34-38-6(6); and (iii) indicates a violation of the employer’s written policy; or (b) an employee or prospective […]

Section 9 – No cause of action for failure to test or detect substance or problem, or for termination of testing program.

34-38-9. No cause of action for failure to test or detect substance or problem, or for termination of testing program. No cause of action arises in favor of any person against an employer who has established a policy and initiated a testing program in accordance with this chapter, for any of the following: (1) failure […]