34-38-3 - Testing for drugs or alcohol. - Utah Statutes

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Statutes > Utah > Title-34 > Chapter-38 > 34-38-3

34-38-3. Testing for drugs or alcohol.
(1) If an employer tests an employee or prospective employee for the presence of drugsor alcohol as a condition of hiring or continued employment, the employer is protected fromliability as provided in this chapter if the employer complies with this chapter. However,employers and management in general shall submit to the testing themselves on a periodic basis.
(2) (a) An organization that operates a storage facility or transfer facility or that isengaged in the transportation of high-level nuclear waste or greater than class C radioactivewaste within the exterior boundaries of the state shall establish a mandatory drug testing programregarding drugs and alcohol for prospective and existing employees as a condition of hiring anyemployee or the continued employment of any employee. As a part of the program, employersand management in general shall submit to the testing themselves on a periodic basis. Theprogram shall implement testing standards and procedures established under Subsection (2)(b).
(b) The executive director of the Department of Environmental Quality, in consultationwith the Labor Commission under Section 34A-1-103, shall by rule establish standards fortiming of testing and dosage for impairment for the drug and alcohol testing program under thisSubsection (2). The standards shall address the protection of the safety, health, and welfare ofthe public.

Amended by Chapter 284, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-34 > Chapter-38 > 34-38-3

34-38-3. Testing for drugs or alcohol.
(1) If an employer tests an employee or prospective employee for the presence of drugsor alcohol as a condition of hiring or continued employment, the employer is protected fromliability as provided in this chapter if the employer complies with this chapter. However,employers and management in general shall submit to the testing themselves on a periodic basis.
(2) (a) An organization that operates a storage facility or transfer facility or that isengaged in the transportation of high-level nuclear waste or greater than class C radioactivewaste within the exterior boundaries of the state shall establish a mandatory drug testing programregarding drugs and alcohol for prospective and existing employees as a condition of hiring anyemployee or the continued employment of any employee. As a part of the program, employersand management in general shall submit to the testing themselves on a periodic basis. Theprogram shall implement testing standards and procedures established under Subsection (2)(b).
(b) The executive director of the Department of Environmental Quality, in consultationwith the Labor Commission under Section 34A-1-103, shall by rule establish standards fortiming of testing and dosage for impairment for the drug and alcohol testing program under thisSubsection (2). The standards shall address the protection of the safety, health, and welfare ofthe public.

Amended by Chapter 284, 2010 General Session

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State Codes and Statutes

Statutes > Utah > Title-34 > Chapter-38 > 34-38-3

34-38-3. Testing for drugs or alcohol.
(1) If an employer tests an employee or prospective employee for the presence of drugsor alcohol as a condition of hiring or continued employment, the employer is protected fromliability as provided in this chapter if the employer complies with this chapter. However,employers and management in general shall submit to the testing themselves on a periodic basis.
(2) (a) An organization that operates a storage facility or transfer facility or that isengaged in the transportation of high-level nuclear waste or greater than class C radioactivewaste within the exterior boundaries of the state shall establish a mandatory drug testing programregarding drugs and alcohol for prospective and existing employees as a condition of hiring anyemployee or the continued employment of any employee. As a part of the program, employersand management in general shall submit to the testing themselves on a periodic basis. Theprogram shall implement testing standards and procedures established under Subsection (2)(b).
(b) The executive director of the Department of Environmental Quality, in consultationwith the Labor Commission under Section 34A-1-103, shall by rule establish standards fortiming of testing and dosage for impairment for the drug and alcohol testing program under thisSubsection (2). The standards shall address the protection of the safety, health, and welfare ofthe public.

Amended by Chapter 284, 2010 General Session