34-38-8. Employer's disciplinary or rehabilitative actions.
Upon receipt of a verified or confirmed positive drug or alcohol test result which indicates
a violation of the employer's written policy, or upon the refusal of an employee or prospective
employee to provide a sample, an employer may use that test result or refusal as the basis for
disciplinary or rehabilitative actions, which may include the following:
(1) a requirement that the employee enroll in an employer-approved rehabilitation,
treatment, or counseling program, which may include additional drug or alcohol testing, as a
condition of continued employment;
(2) suspension of the employee with or without pay for a period of time;
(3) termination of employment;
(4) refusal to hire a prospective employee; or
(5) other disciplinary measures in conformance with the employer's usual procedures,
including any collective bargaining agreement.
Enacted by Chapter 234, 1987 General Session
Download Code Section Zipped WordPerfect 34_38_000800.ZIP 1,959 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009