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 – Scope of act — When agreements between an employee and employer are enforceable or unenforceable with respect to employment inventions — Exceptions.
34-39-3. Scope of act — When agreements between an employee and employer are enforceable or unenforceable with respect to employment inventions — Exceptions. (1) An employment agreement between an employee and his employer is not enforceable against the employee to the extent that the agreement requires the employee to assign or license, or to offer […]
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 […]
Section 4 – Agricultural workers exempt.
34-36-4. Agricultural workers exempt. The provisions of this chapter do not apply to agricultural workers. Enacted by Chapter 85, 1969 General Session
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 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 […]