Utah Code 34-38-10. A cause of action does not arise against employer unless inaccurate test result — Presumption and limitation of damages in claim against employer
A cause of action may not arise in favor of a person against an employer who establishes a program of drug or alcohol testing in accordance with this chapter, and who takes an action under Section 34-38-8, unless the employer takes the action on the basis of an inaccurate test result.
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Terms Used In Utah Code 34-38-10
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
If a person bringing a claim, including a claim under Section 34-38-11, alleges that an employer’s action is based on an inaccurate test result:
(a)
there is a rebuttable presumption that the test result is valid if the employer complies with Section 34-38-6; and
(b)
the employer is not liable for monetary damages if the employer’s reliance on an inaccurate test result is reasonable and in good faith.
(3)
(a)
There is a rebuttable presumption that the employer complies with Section 34-38-6 if as part of the employer’s drug and alcohol testing program a licensed physician who is trained in the interpretation of drug and alcohol test results:
(i)
provides medical assessment of a result that indicates a failed test;
(ii)
requests re-analysis of a test result if necessary; and
(iii)
makes a determination whether or not alcohol or other drug use has occurred.
(b)
A court may find that an employer complies with Section 34-38-6 notwithstanding that the employer’s drug and alcohol testing program does not include an action described in Subsection (3)(a).
