63A-17-1004. Drug testing of state employees.
| (1) |
Except as provided in Subsection (2), when there is reasonable suspicion that an employee is using a controlled substance or alcohol unlawfully during work hours, an employee may be required to submit to medically accepted testing procedures for a determination of whether the employee is using a controlled substance or alcohol in violation of this part. |
Terms Used In Utah Code 63A-17-1004
- Agency: means any department or unit of Utah state government with authority to employ personnel. See Utah Code 63A-17-102
- Controlled substance: means controlled substance as defined in Section 58-37-2. See Utah Code 63A-17-102
- Department: means the Department of Government Operations. See Utah Code 63A-1-103
- Director: means the director of the division. See Utah Code 63A-17-102
- Employee: means any individual in a paid status covered by the career service or classified service provisions of this chapter. See Utah Code 63A-17-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
In highly sensitive positions, as identified in department class specifications, random drug testing of employees may be conducted by an agency in accordance with the rules of the director. |
| (3) |
All drug or alcohol testing shall be:
| (a) |
conducted by a federally certified and licensed physician, a federally certified and licensed medical clinic, or testing facility federally certified and licensed to conduct medically accepted drug testing; and |
| (b) |
conducted in accordance with the rules of the director made under Section 63A-17-1002. |
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| (4) |
A record relating to drug or alcohol testing of a state employee is classified as a private record under Section 63G-2-302. |
| (5) |
A physician, medical clinic, or testing facility may not be held liable in any civil action 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. |
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Amended by Chapter 169, 2022 General Session
