State Codes and Statutes

Statutes > Utah > Title-34 > Chapter-38 > 34-38-10

34-38-10. A cause of action does not arise against employer unless inaccurate testresult -- Presumption and limitation of damages in claim against employer.
(1) A cause of action may not arise in favor of a person against an employer whoestablishes a program of drug or alcohol testing in accordance with this chapter, and who takesan action under Section 34-38-8, unless the employer takes the action on the basis of aninaccurate test result.
(2) If a person bringing a claim, including a claim under Section 34-38-11, alleges that anemployer's action is based on an inaccurate test result:
(a) there is a rebuttable presumption that the test result is valid if the employer complieswith Section 34-38-6; and
(b) the employer is not liable for monetary damages if the employer's reliance on aninaccurate test result is reasonable and in good faith.
(3) (a) There is a rebuttable presumption that the employer complies with Section34-38-6 if as part of the employer's drug and alcohol testing program a licensed physician who istrained in the interpretation of drug and alcohol test results:
(i) provides medical assessment of a result that indicates a failed test;
(ii) requests re-analysis of a test result if necessary; and
(iii) makes a determination whether or not alcohol or other drug use has occurred.
(b) A court may find that an employer complies with Section 34-38-6 notwithstandingthat the employer's drug and alcohol testing program does not include an action described inSubsection (3)(a).

Amended by Chapter 284, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-34 > Chapter-38 > 34-38-10

34-38-10. A cause of action does not arise against employer unless inaccurate testresult -- Presumption and limitation of damages in claim against employer.
(1) A cause of action may not arise in favor of a person against an employer whoestablishes a program of drug or alcohol testing in accordance with this chapter, and who takesan action under Section 34-38-8, unless the employer takes the action on the basis of aninaccurate test result.
(2) If a person bringing a claim, including a claim under Section 34-38-11, alleges that anemployer's action is based on an inaccurate test result:
(a) there is a rebuttable presumption that the test result is valid if the employer complieswith Section 34-38-6; and
(b) the employer is not liable for monetary damages if the employer's reliance on aninaccurate test result is reasonable and in good faith.
(3) (a) There is a rebuttable presumption that the employer complies with Section34-38-6 if as part of the employer's drug and alcohol testing program a licensed physician who istrained in the interpretation of drug and alcohol test results:
(i) provides medical assessment of a result that indicates a failed test;
(ii) requests re-analysis of a test result if necessary; and
(iii) makes a determination whether or not alcohol or other drug use has occurred.
(b) A court may find that an employer complies with Section 34-38-6 notwithstandingthat the employer's drug and alcohol testing program does not include an action described inSubsection (3)(a).

Amended by Chapter 284, 2010 General Session


State Codes and Statutes

State Codes and Statutes

Statutes > Utah > Title-34 > Chapter-38 > 34-38-10

34-38-10. A cause of action does not arise against employer unless inaccurate testresult -- Presumption and limitation of damages in claim against employer.
(1) A cause of action may not arise in favor of a person against an employer whoestablishes a program of drug or alcohol testing in accordance with this chapter, and who takesan action under Section 34-38-8, unless the employer takes the action on the basis of aninaccurate test result.
(2) If a person bringing a claim, including a claim under Section 34-38-11, alleges that anemployer's action is based on an inaccurate test result:
(a) there is a rebuttable presumption that the test result is valid if the employer complieswith Section 34-38-6; and
(b) the employer is not liable for monetary damages if the employer's reliance on aninaccurate test result is reasonable and in good faith.
(3) (a) There is a rebuttable presumption that the employer complies with Section34-38-6 if as part of the employer's drug and alcohol testing program a licensed physician who istrained in the interpretation of drug and alcohol test results:
(i) provides medical assessment of a result that indicates a failed test;
(ii) requests re-analysis of a test result if necessary; and
(iii) makes a determination whether or not alcohol or other drug use has occurred.
(b) A court may find that an employer complies with Section 34-38-6 notwithstandingthat the employer's drug and alcohol testing program does not include an action described inSubsection (3)(a).

Amended by Chapter 284, 2010 General Session