Section 1004 – Drug testing of state employees.

• (1) Except as provided in Subsection (2), when there is reasonable suspicion that an employee is using a controlled substance or alcohol unlawfully during work hours, an employee may be required to submit to medically accepted testing procedures for a determination of whether the employee is using a controlled substance or alcohol in violation of this part.

• (2) In highly sensitive positions, as identified in department class specifications, random drug testing of employees may be conducted by an agency in accordance with the rules of the director.

• (3) All drug or alcohol testing shall be:
  • (a) conducted by a federally certified and licensed physician, a federally certified and licensed medical clinic, or testing facility federally certified and licensed to conduct medically accepted drug testing; and
  • (b) conducted in accordance with the rules of the director made under Section 63A-17-1002.

• (4) A record relating to drug or alcohol testing of a state employee is classified as a private record under Section 63G-2-302.

• (5) A physician, medical clinic, or testing facility may not be held liable in any civil action brought by a party for:
  • (a) performing or failing to perform a test under this section;
  • (b) issuing or failing to issue a test result under this section; or
  • (c) acting or omitting to act in any other way in good faith under this section.

Amended by Chapter 169, 2022 General Session