State:	Utah
Statute of Order:	Utah Code Ann. §34-38-1 et seq.
Covered Employers:	Private employers, local government entities, and state institutions of higher education.
Applicant Testing:	No restriction on applicant testing in the private sector. Local governments and state colleges may test applicants pursuant to a written policy and with advance notice to applicant. Positive results or refusal to test grounds for not hiring.
Employee Testing:	Employee testing authorized pursuant to employer's written policy, distributed to all employees, in cases of possible employee impairment, workplace accidents or theft, safety maintenance, or productivity/quality/security maintenance. Employees who test positive or refuse to be tested are subject to referral for rehabilitation or disciplinary action, including discharge.
Conditions & Methods:	Documentation showing chain of custody from time of collection and confirming test in case of positive findings. Testing authorized for employees of local government entities and state institutions of higher education for postaccident investigations, reasonable suspicion situations, preannounced periodic testing, and random testing in safety-sensitive positions or when required by federal law.
Pass Drug Testing Bulletpoints:	Compliant drug testing of current employees and prospective employees are allowed with the provision that employers and management shall also be periodically subject to testing. Mandatory drug testing is applicable for organizations operating storage or transfer facilities particularly those engaged in transporting high-level radioactive waste within the boundaries of Utah. All costs of drug or alcohol testing required by the employer as condition for employment are at the employer’s expense including transportation costs if applicable. For purposes of administering compensation and benefits, the time allotted to drug or alcohol testing, which may be during or immediately after the regular work period, are considered work time. An employee testing positive or refusal to undergo testing is a basis for disciplinary or rehabilitative actions. Employers may require rehabilitation, treatment or counseling subject to follow-up drug or alcohol testing. Usual procedures related to adverse employment action may also be taken as disciplinary measures. No cause of action may be taken against the employer for enacting a compliant drug or alcohol testing policy unless the employer’s action is based on a false test result. The employer is not liable for monetary damages if reliance on the false result was reasonable and in good faith.

10 Things to Know To Pass A Drug Test In Utah

1) A Brief Overview

The state of Utah is supposed to be a hybrid state wherein the employer is supposed to follow the mandatory guidelines if the drug or alcohol testing is conducted in accordance with the state prescribed guidelines. The law of Utah is also considered a state friendly law.

2) The Policy And Notice

In order to implement the drug and alcohol testing, the employer needs to distribute a written policy which has been amended as per the state laws. The policy can also be reviewed by the employees at their personal discretion. There is no intimation about the notices.

3) The Costs And Consequences

The cost of this so called ‘medical examination’ is supposed to be bourn by the employer. In case the employee needs to be shifted to a new location for the purpose of drug or alcohol testing, then the transportation charge needs to be bourn by the employer as well.

4) Who All Are Eligible

Although there are no hard or fast rules which categorically state that a particular section of the working class needs to be tested on a regular basis, there are a few sections, such as those employed in hazardous jobs, which need testing on a regular basis.

5) The Mandatory Tests

All organizations which are engaged in hazardous assignments such as storage and transfer facility, transportation of high quality nuclear waste material and class C radioactive material need to conduct mandatory drug and alcohol tests.

6) Where Are The Tests Held

Although there are numerous places wherein employees may be asked to appear for a drug or alcohol test, the state approved clinics and hospitals are perhaps the most sought after places wherein such tests need to be performed.

7) Confidentiality

The state of Utah categorically states that all documents pertaining to the drug or alcohol tests need to be maintained and dealt with utmost privacy. Even the results need to be kept secret and can be shared in accordance to the prescribed state laws only.

8) Action In Good Faith

There is a clause on the state law which clearly says that an error in good faith is exempted from punishment. Hence, in case of a fabricated test result which was done so on good faith is exempted from any legal action and thus the employer can safeguard his/her personal rights.

9) When Should The Tests Be Conducted

Drug or alcohol related tests need to be conducted as per the employer’s personal requirement. It is interesting to note that timing has nothing to do with the state laws and hence, the tests are not time bound by law.

10) How Are The Tests Performed

The10 Things to Know About Workplace Drug Testing State Laws and Regulations in Utah





1) A Brief Overview

The state of Utah is supposed to be a hybrid state wherein the employer is supposed to follow the mandatory guidelines if the drug or alcohol testing is conducted in accordance with the state prescribed guidelines. The law of Utah is also considered a state friendly law.

2) The Policy And Notice

In order to implement the drug and alcohol testing, the employer needs to distribute a written policy which has been amended as per the state laws. The policy can also be reviewed by the employees at their personal discretion. There is no intimation about the notices.

3) The Costs And Consequences

The cost of this so called ‘medical examination’ is supposed to be bourn by the employer. In case the employee needs to be shifted to a new location for the purpose of drug or alcohol testing, then the transportation charge needs to be bourn by the employer as well.

4) Who All Are Eligible

Although there are no hard or fast rules which categorically state that a particular section of the working class needs to be tested on a regular basis, there are a few sections, such as those employed in hazardous jobs, which need testing on a regular basis.

5) The Mandatory Tests

All organizations which are engaged in hazardous assignments such as storage and transfer facility, transportation of high quality nuclear waste material and class C radioactive material need to conduct mandatory drug and alcohol tests.

6) Where Are The Tests Held

Although there are numerous places wherein employees may be asked to appear for a drug or alcohol test, the state approved clinics and hospitals are perhaps the most sought after places wherein such tests need to be performed.

7) Confidentiality

The state of Utah categorically states that all documents pertaining to the drug or alcohol tests need to be maintained and dealt with utmost privacy. Even the results need to be kept secret and can be shared in accordance to the prescribed state laws only.

8) Action In Good Faith

There is a clause on the state law which clearly says that an error in good faith is exempted from punishment. Hence, in case of a fabricated test result which was done so on good faith is exempted from any legal action and thus the employer can safeguard his/her personal rights.

9) When Should The Tests Be Conducted

Drug or alcohol related tests need to be conducted as per the employer’s personal requirement. It is interesting to note that timing has nothing to do with the state laws and hence, the tests are not time bound by law.

10) How Are The Tests Performed

The tests are performed as per the rules of the state. Scientifically accepted analytical methods need to be followed at the time of the tests and GC/MS conformations are considered mandatory in order to gather reliable reports. There is no mention of an MRO in the state of Utah.

PASS A DRUG TEST IN UTAH