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Utah - STATE LAWS

Coming Soon, State Laws for Workplace Drug Testing

Regulations for workplace drug testing are very important to maintain an effective and legal drug free workplace program. It is particularly important to pay attention to individual state laws regarding employer drug testing programs. Employers need to be concerned about limiting exposure to liability in a drug testing program.

A good drug testing program will go a long way toward addressing safety, OSHA compliance, ADA Compliance, performance and workers’ comp issues; having the right company policies, education programs and insurance coverage will go the extra step to protect you against potential lawsuits and financial liability. Many states have different laws regarding drug testing, check back to view the guidelines for drug testing in your state.

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

Yes

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.

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.