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 […]
Section 11 – Injunctive relief — Damages.
34-34-11. Injunctive relief — Damages. Any employer, person, firm, association, corporation, employee, labor union, labor organization or any other type of association injured as a result of any violation or threatened violation of any provision of this chapter, or threatened with any such violation shall be entitled to injunctive relief against any and all violators […]
Section 12 – Injunction against violating chapter.
34-34-12. Injunction against violating chapter. In addition to the penal provisions of this chapter, any person, firm, corporation, association, or any labor union, labor organization or any other type of association, or any officer, representative, agent or member thereof may be restrained by injunction from doing or continuing to do any of the matters and […]
Section 13 – Damages for denial or deprivation of continuation of employment.
34-34-13. Damages for denial or deprivation of continuation of employment. Any person who may be denied employment or be deprived of continuation of his employment in violation of this chapter shall be entitled to recover from such employer and from any other person, firm, corporation or association acting in concert with him by appropriate action […]
Section 14 – Jurisdiction.
34-34-14. Jurisdiction. The jurisdiction of any action brought to enforce this chapter is hereby conferred upon and vested in the district court of the county in which any person, group of persons, firm, association, corporation, labor union, labor organization or any other type of association, or representatives thereof, who violates this chapter, or any part […]
Section 15 – Existing contracts — Chapter applicable upon renewal or extension.
34-34-15. Existing contracts — Chapter applicable upon renewal or extension. The provisions of this chapter do not apply to any lawful contract in force on the effective date of this act, but they shall apply in all respects to contracts entered into after such date and to any renewal or extension of any existing contract. […]