Utah's voluntary Drug and Alcohol Testing Act gives employers broad discretion to test job applicants and employees as a condition of hiring or continued employment, provided employers and managers undergo periodic testing themselves. The Act applies to all private employers but does not apply to the federal or state government or other local political subdivisions (Utah Code Sec. 34-38-1et seq.). If an applicant or employee refuses to be tested or has confirmed positive test results, an employer may:
• Refuse to hire the applicant.
• Fire or suspend the employee.
• Require the employee to enroll in a rehabilitation program.
Written policy. Employers must have a written policy that is given to employees and made available for review to applicants. Testing and retesting must conform to the terms of the policy.
Timing. Any drug or alcohol testing by an employer must occur during or immediately after the regular work period of current employees and must be deemed work time for purposes of compensation and benefits for current employees.
Cost. Employers must pay all testing costs, including the cost of transportation for employees if they are not tested at the workplace.
Types of testing. The following types of testing are all permitted: preemployment, random, for-cause, periodic announcement, postaccident, and for those employees in safety-sensitive positions.
Requirements for collection and testing. All sample collection and testing for drugs and alcohol must comply with the following requirements:
(1.) The collection of samples must be performed under reasonable and sanitary conditions;
(2.) Samples must be collected and tested with due regard to the privacy of the individual being tested and in a manner ...