34-38-3. Testing for drugs or alcohol.
(1) It is not unlawful for an employer to test employees or prospective employees for the
presence of drugs or alcohol, in accordance with the provisions of this chapter, as a condition of
hiring or continued employment. However, employers and management in general shall submit
to the testing themselves on a periodic basis.
(2) (a) Any organization which is operating a storage facility or transfer facility or which
is engaged in the transportation of high-level nuclear waste or greater than class C radioactive
waste within the exterior boundaries of the state shall establish a mandatory drug testing program
regarding drugs and alcohol for prospective and existing employees as a condition of hiring any
employee or the continued employment of any employee. As a part of the program, employers
and management in general shall submit to the testing themselves on a periodic basis. The
program shall implement testing standards and procedures established under Subsection (2)(b).
(b) The executive director of the Department of Environmental Quality, in consultation
with the Labor Commission under Section 34A-1-103, shall by rule establish standards for timing
of testing and dosage for impairment for the drug and alcohol testing program under this
Subsection (2). The standards shall address the protection of the safety, health, and welfare of the
public.
Amended by Chapter 107, 2001 General Session
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Last revised: Thursday, May 28, 2009