Section 102 – Governmental drug-free workplace policies.

Effective 5/10/2016 34-41-102. Governmental drug-free workplace policies. (1) Any local governmental entity or state institution of higher education may establish workplace policies and procedures designed to: (a) educate, counsel, and increase awareness of the dangers of drugs; and (b) prohibit and discourage the detrimental use of drugs among its various classes of employees and volunteers. […]

Section 103 – Policy requirements.

34-41-103. Policy requirements. (1) (a) Before testing or retesting for the presence of drugs, a local governmental entity or state institution of higher education shall: (i) adopt a written policy or ordinance; (ii) distribute it to employees and volunteers; and (iii) make it available for review by prospective employees and prospective volunteers. (b) The local […]

Section 104 – Requirements for identification, collection, and testing of samples.

34-41-104. Requirements for identification, collection, and testing of samples. (1) The local governmental entity or state institution of higher education shall ensure that: (a) all sample collection under this chapter is performed by an entity independent of the local government or state institution of higher education; (b) all testing for drugs under this chapter is […]

Section 105 – Rehabilitative and disciplinary actions.

34-41-105. Rehabilitative and disciplinary actions. (1) If a verified or confirmed positive drug test result indicates a violation of the local governmental entity’s or state institution of higher education’s written drug-free workplace policy, if an employee, volunteer, prospective employee, or prospective volunteer refuses to provide a sample in accordance with the written policy, or otherwise […]

Section 106 – Employee not a person with a disability.

34-41-106. Employee not a person with a disability. An employee, volunteer, prospective employee, or prospective volunteer whose drug test results are verified or confirmed as positive in accordance with the provisions of this chapter may not, by virtue of those results alone, be defined as a person with a disability for purposes of: (1)Title 34A, […]

Section 107 – No physician-patient relationship created.

34-41-107. No physician-patient relationship created. A physician-patient relationship is not created between an employee, volunteer, prospective employee, or prospective volunteer, and the local governmental entity, state institution of higher education, or any person performing the test, solely by the establishment of a drug testing program in the workplace. Enacted by Chapter 18, 1994 General Session