Utah - STATE LAWS

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.

Workplace Drug Testing Laws in Utah

Instant or POCT Testing

No Restrictions

Drug Panels

No Restrictions

Laboratory

No Restrictions

SAMHSA certified lab recommended

Medical Review Officer

No Restrictions

Medical Review Office or MRO always recommended.

Random Testing

No Restrictions

Post-Accident

No Restrictions

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.

Reasonable Suspicion

No Restrictions

Oral Fluids

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes

Unemployment law and court decisions may result in denial of benefits when fired for a positive drug test.

Workers Comp Discount

No

Intoxication Defense

Yes

Workers’ Compensation intoxication defense to a claim exists, including rebuttable presumption.

Medical Marijuana

No

“Charlee’s Law” relates to Cannabidiol (CBD) use.

Recreational Marijuana

No

Report Driver DOT Positives

No

General Statute

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