If a verified or confirmed positive drug test result indicates a violation of the local governmental entity‘s or state institution of higher education‘s written drug-free workplace policy, if an employee, volunteer, prospective employee, or prospective volunteer refuses to provide a sample in accordance with the written policy, or otherwise violates the written policy, an employer may use that test result, refusal, or violation as the basis for imposing any rehabilitative and disciplinary actions authorized by this section.
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Terms Used In Utah Code 34-41-105
Drug: means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia. See Utah Code 34-41-101
Local governmental entity: means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities. See Utah Code 34-41-101
Prospective employee: means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education. See Utah Code 34-41-101
Sample: means urine, blood, breath, saliva, or hair. See Utah Code 34-41-101
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
State institution of higher education: means the institution as defined in Section 53B-3-102. See Utah Code 34-41-101
Volunteer: means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably incurred. See Utah Code 34-41-101
(2)
If the conditions required by Subsection (1) are met, the employer may:
(a)
require the employee to enroll in a rehabilitation, treatment, or counseling and educational program, approved by the local governmental entity or state institution of higher education as a condition of continued employment or volunteer service;
(b)
suspend the employee with or without pay for a period of time;
(c)
terminate the employment or voluntary services;
(d)
refuse to hire a prospective employee or use the services of a volunteer; and
(e)
impose disciplinary measures in conformance with the usual procedures, including employment contracts of the local governmental entity or state institution of higher education.
