67-19-36 - Drug testing of state employees. - Utah Statutes

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Statutes > Utah > Title-67 > Chapter-19 > 67-19-36

67-19-36. Drug testing of state employees.
(1) Except as provided in Subsection (2), when there is reasonable suspicion that anemployee is using a controlled substance or alcohol unlawfully during work hours, an employeemay be required to submit to medically accepted testing procedures for a determination ofwhether the employee is using a controlled substance or alcohol in violation of this part.
(2) In highly sensitive positions, as identified in department class specifications, randomdrug testing of employees may be conducted by an agency in accordance with the rules of theexecutive director.
(3) All drug or alcohol testing shall be:
(a) conducted by a federally certified and licensed physician, a federally certified andlicensed medical clinic, or testing facility federally certified and licensed to conduct medicallyaccepted drug testing;
(b) conducted in accordance with the rules of the executive director made under Section67-19-34; and
(c) kept confidential in accordance with the rules of the executive director made inaccordance with Section 67-19-34.
(4) A physician, medical clinic, or testing facility may not be held liable in any civilaction brought by a party for:
(a) performing or failing to perform a test under this section;
(b) issuing or failing to issue a test result under this section; or
(c) acting or omitting to act in any other way in good faith under this section.

Amended by Chapter 139, 2006 General Session

State Codes and Statutes

Statutes > Utah > Title-67 > Chapter-19 > 67-19-36

67-19-36. Drug testing of state employees.
(1) Except as provided in Subsection (2), when there is reasonable suspicion that anemployee is using a controlled substance or alcohol unlawfully during work hours, an employeemay be required to submit to medically accepted testing procedures for a determination ofwhether the employee is using a controlled substance or alcohol in violation of this part.
(2) In highly sensitive positions, as identified in department class specifications, randomdrug testing of employees may be conducted by an agency in accordance with the rules of theexecutive director.
(3) All drug or alcohol testing shall be:
(a) conducted by a federally certified and licensed physician, a federally certified andlicensed medical clinic, or testing facility federally certified and licensed to conduct medicallyaccepted drug testing;
(b) conducted in accordance with the rules of the executive director made under Section67-19-34; and
(c) kept confidential in accordance with the rules of the executive director made inaccordance with Section 67-19-34.
(4) A physician, medical clinic, or testing facility may not be held liable in any civilaction brought by a party for:
(a) performing or failing to perform a test under this section;
(b) issuing or failing to issue a test result under this section; or
(c) acting or omitting to act in any other way in good faith under this section.

Amended by Chapter 139, 2006 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-67 > Chapter-19 > 67-19-36

67-19-36. Drug testing of state employees.
(1) Except as provided in Subsection (2), when there is reasonable suspicion that anemployee is using a controlled substance or alcohol unlawfully during work hours, an employeemay be required to submit to medically accepted testing procedures for a determination ofwhether the employee is using a controlled substance or alcohol in violation of this part.
(2) In highly sensitive positions, as identified in department class specifications, randomdrug testing of employees may be conducted by an agency in accordance with the rules of theexecutive director.
(3) All drug or alcohol testing shall be:
(a) conducted by a federally certified and licensed physician, a federally certified andlicensed medical clinic, or testing facility federally certified and licensed to conduct medicallyaccepted drug testing;
(b) conducted in accordance with the rules of the executive director made under Section67-19-34; and
(c) kept confidential in accordance with the rules of the executive director made inaccordance with Section 67-19-34.
(4) A physician, medical clinic, or testing facility may not be held liable in any civilaction brought by a party for:
(a) performing or failing to perform a test under this section;
(b) issuing or failing to issue a test result under this section; or
(c) acting or omitting to act in any other way in good faith under this section.

Amended by Chapter 139, 2006 General Session