2016 Utah Code
Title 34 - Labor in General
Chapter 38 - Drug and Alcohol Testing
Section 8 - Employer's disciplinary or rehabilitative actions.

34-38-8. Employer's disciplinary or rehabilitative actions.

• (1) An employer may take an action described in Subsection (2) if:
  • (a) the employer receives a test result that:
    • (i) indicates a failed test;
    • (ii) is confirmed as required by Subsection 34-38-6(6); and
    • (iii) indicates a violation of the employer's written policy; or
  • (b) an employee or prospective employee refuses to provide a sample.

• (2) An employer may use a test result or a refusal described in Subsection (1) as the basis for disciplinary or rehabilitative actions, which may include the following:
  • (a) a requirement that the employee enroll in an employer-approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment;
  • (b) suspension of the employee with or without pay for a period of time;
  • (c) termination of employment;
  • (d) refusal to hire a prospective employee; or
  • (e) other disciplinary measures in conformance with the employer's usual procedures, including a collective bargaining agreement.

Amended by Chapter 284, 2010 General Session