Drug and Alcohol Testing in Utah
It is not unlawful for a private sector employer in Utah to test employees or prospective employees for the presence of drugs or alcohol, in accordance with the provisions of the drug and alcohol testing law, as a condition of hiring or continued employment. However, employers and management in general must submit to the testing themselves on a periodic basis.
Within the terms of a written policy, an employer may require the collection and testing of samples for the following purposes:
investigation of possible individual employee impairment;
investigation of accidents in the workplace or incidents of workplace theft;
maintenance safety for employees or the general public;
maintenance of productivity, quality of products or services, or security of property or information.
Any drug or alcohol testing by an employer is to occur during or immediately after the regular work period of current employees and any time used for testing is to be considered work time for purposes of compensation and benefits. The employer must pay the cost of drug and alcohol testing, including the cost of transportation if testing is conducted at a place other than the workplace.
Upon receipt of a verified or confirmed positive drug or alcohol test result that indicates a violation of the employer's written policy, or upon the refusal of an employee or prospective employee to provide a sample, an employer may use that test result or refusal as the basis for disciplinary or rehabilitative actions.
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