An employer may take an action described in Subsection (2) if:
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(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.
