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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

Drug Testing IssueStatusComments
Instant or POCT TestingNo Restrictions
Drug PanelsNo Restrictions
LaboratoryNo RestrictionsSAMHSA certified lab recommended
Medical Review OfficerNo RestrictionsMedical Review Office or MRO always recommended.
Random TestingNo Restrictions
Post-AccidentNo RestrictionsDrug 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 SuspicionNo Restrictions
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYesUnemployment law and court decisions may result in denial of benefits when fired for a positive drug test.
Workers Comp DiscountNo
Intoxication DefenseYesWorkers' Compensation intoxication defense to a claim exists, including rebuttable presumption.
Medical MarijuanaYesNovember 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 MarijuanaNo
Report Driver DOT PositivesNo
General StatuteThere 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