State Codes and Statutes

Statutes > Utah > Title-34 > Chapter-38 > 34-38-2

34-38-2. Definitions.
For purposes of this chapter:
(1) "Alcohol" means ethyl alcohol or ethanol.
(2) "Drugs" means a substance recognized as a drug in the United States Pharmacopoeia,the National Formulary, the Homeopathic Pharmacopoeia, or other drug compendia, orsupplement to any of those compendia.
(3) (a) "Employer" means a person, including a public utility or transit district, that hasone or more workers or operators employed in the same business, or in or about the sameestablishment, under any contract of hire, express or implied, oral or written.
(b) "Employer" does not include the federal or state government, or other local politicalsubdivisions.
(4) "Employee" means an individual in the service of an employer for compensation.
(5) "Failed test" means a confirmed drug or alcohol test that indicates that the sampletested is:
(a) positive;
(b) adulterated; or
(c) substituted.
(6) "Inaccurate test result" means a test result that is treated as a positive test result, whenthe sample should not have resulted in a positive test result.
(7) "Licensed physician" means an individual who is licensed:
(a) as a doctor of medicine under Title 58, Chapter 67, Utah Medical Practice Act, orsimilar law of another state; or
(b) as an osteopathic physician or surgeon under Title 58, Chapter 68, Utah OsteopathicMedical Practice Act, or similar law of another state.
(8) "Prospective employee" means an individual who applies to an employer, either inwriting or orally, to become the employer's employee.
(9) "Sample" means urine, blood, breath, saliva, or hair.

Amended by Chapter 284, 2010 General Session