Workplace drug testing issues – State Laws – Utah
These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Instant or POCT Testing
SAMHSA certified lab recommended
Medical Review Officer
Medical Review Office or MRO always recommended.
Drug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident.
Unemployment law and court decisions may result in denial of benefits when fired for a positive drug test.
Workers Comp Discount
Workers’ Compensation intoxication defense to a claim exists, including rebuttable presumption.
November 6, 2018 - Utah voters approved Proposition 2, legalizing medical marijuana, with approximately 53% of the votes. Legislature will begin adopting rules. Smoking marijuana will remain prohibited. Proposition 2, as passed, does not limit or change an employers' rights.
Report Driver DOT Positives
There are no state rules that limit employer actions when it comes to workplace drug or alcohol testing.
What drugs should you test for: There are no statutory, regulatory or court limitations on this matter. Many employers follow the federal guidelines and test for what’s known as the HHS-5. (Amphetamines, cocaine, marijuana, opiates and PCP).
Intoxication Defense – Denial of Workers Compensation Claim – In Utah, a there is a rebuttable presumption that the major contributing cause of a work-related injury was the inappropriate use of a controlled substance or intoxication. The law allows the Company to raise the appropriate defense provided that the drug or alcohol tests were conducted appropriately.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
Utah State Law
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