Utah Drug Laws
We are going to explore two aspects of Utah drug laws and the information necessary to learn how to pass a drug test in Utah.
Learning The Basics Of Utah Drug Laws.
First, we are not attorneys and can not provide specific advice on the Utah Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Utah drug laws.
Second, for those of you who are concerned with those Utah Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Utah.
There Are Four Major Drug Tests Given In Utah.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Utah.
Utah Drug Laws For Employees.
Utah law allows drug testing as long as managers and supervisors are periodically tested too. Utah allows employers to require applicants and employees to take drug tests, as long as the employer follows state procedures. Employers are not required to drug test.
Drug Testing for Utah Employees.
Employers in Utah may test employees for drugs, as long as employers and management also submit to periodic testing. Employers may require testing for these reasons:
- to investigate possible individual employee impairment
- to investigate an accident or theft
- to maintain employee or public safety
- to ensure productivity, quality of products or services, or security, and
- as part of a rehabilitation, treatment, or counseling program in which the employee is participating as a condition of continuing employment after a positive drug test.
The employer must have a written drug test policy that has been distributed to employees. Testing must occur during or immediately after the employee’s regular work schedule. An employer may take action against an employee if the employee refuses to be tested or the employee has a confirmed positive test result.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Utah? Even though Utah Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Utah Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Utah employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Utah Drug Laws.
|Statute of Order:||Utah Code Ann. §34-38-1 et seq.|
|Covered Employers:||Private employers, local government entities, and state institutions of higher education.|
|Applicant Testing:||No restriction on applicant testing in the private sector. Local governments and state colleges may test applicants pursuant to a written policy and with advance notice to applicant. Positive results or refusal to test grounds for not hiring.|
|Employee Testing:||Employee testing authorized pursuant to employer’s written policy, distributed to all employees, in cases of possible employee impairment, workplace accidents or theft, safety maintenance, or productivity/quality/security maintenance. Employees who test positive or refuse to be tested are subject to referral for rehabilitation or disciplinary action, including discharge.|
|Conditions & Methods:||Documentation showing chain of custody from time of collection and confirming test in case of positive findings. Testing authorized for employees of local government entities and state institutions of higher education for post accident investigations, reasonable suspicion situations, preannounced periodic testing, and random testing in safety-sensitive positions or when required by federal law.|
|Testing Bullet Points:||
The Utah Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Utah Are For Breaking Utah Drug Laws For Marijuana, Not Federal Or Local Laws.
Utah drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Utah behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Utah using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Utah is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Utah Drug Test Laws.
- Brief Overview – The state of Utah is supposed to be a hybrid state wherein the employer is supposed to follow the mandatory guidelines if the drug or alcohol testing is conducted in accordance with the state prescribed guidelines. The law of Utah is also considered a state friendly law.
- The Policy And Notice – In order to implement the drug and alcohol testing, the employer needs to distribute a written policy which has been amended as per the state laws. The policy can also be reviewed by the employees at their personal discretion. There is no intimation about the notices.
- The Costs And Consequences – The cost of this so called ‘medical examination’ is supposed to be bourn by the employer. In case the employee needs to be shifted to a new location for the purpose of drug or alcohol testing, then the transportation charge needs to be bourn by the employer as well.
- Who All Are Eligible – Although there are no hard or fast rules which categorically state that a particular section of the working class needs to be tested on a regular basis, there are a few sections, such as those employed in hazardous jobs, which need testing on a regular basis.
- The Mandatory Tests – All organizations which are engaged in hazardous assignments such as storage and transfer facility, transportation of high quality nuclear waste material and class C radioactive material need to conduct mandatory drug and alcohol tests.
- Where Are The Tests Held – Although there are numerous places wherein employees may be asked to appear for a drug or alcohol test, the state approved clinics and hospitals are perhaps the most sought after places wherein such tests need to be performed.
- Confidentiality – The state of Utah categorically states that all documents pertaining to the drug or alcohol tests need to be maintained and dealt with utmost privacy. Even the results need to be kept secret and can be shared in accordance to the prescribed state laws only.
- Action In Good Faith – There is a clause on the state law which clearly says that an error in good faith is exempted from punishment. Hence, in case of a fabricated test result which was done so on good faith is exempted from any legal action and thus the employer can safeguard his/her personal rights.
- When Should The Tests Be Conducted – Drug or alcohol related tests need to be conducted as per the employer’s personal requirement. It is interesting to note that timing has nothing to do with the state laws and hence, the tests are not time bound by law.
- How Are The Tests Performed – The 10 Things to Know About Workplace Drug Testing State Laws and Regulations in Utah.