34-38-6. Requirements for collection and testing.
All sample collection and testing for drugs and alcohol under this chapter shall be
performed in accordance with the following conditions:
(1) the collection of samples shall be performed under reasonable and sanitary conditions;
(2) samples shall be collected and tested with due regard to the privacy of the individual
being tested, and in a manner reasonably calculated to prevent substitutions or interference with
the collection or testing of reliable samples;
(3) sample collection shall be documented, and the documentation procedures shall
include:
(a) labeling of samples so as reasonably to preclude the probability of erroneous
identification of test results; and
(b) an opportunity for the employee or prospective employee to provide notification of
any information which he considers relevant to the test, including identification of currently or
recently used prescription or nonprescription drugs, or other relevant medical information.
(4) sample collection, storage, and transportation to the place of testing shall be
performed so as reasonably to preclude the probability of sample contamination or adulteration;
and
(5) sample testing shall conform to scientifically accepted analytical methods and
procedures. Testing shall include verification or confirmation of any positive test result by gas
chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical
method, before the result of any test may be used as a basis for any action by an employer under
Section 34-38-8.
Enacted by Chapter 234, 1987 General Session
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Last revised: Thursday, May 28, 2009