34-38-10.   No cause of action arises against employer unless false test result -- Presumption and limitation of damages in claim against employer.
     (1) No cause of action arises in favor of any person against an employer who has established a program of drug or alcohol testing in accordance with this chapter, and who has taken any action under Section 34-38-8, unless the employer's action was based on a false test result.
     (2) In any claim, including a claim under Section 34-38-11, where it is alleged that an employer's action was based on a false test result:
     (a) there is a rebuttable presumption that the test result was valid if the employer complied with the provisions of Section 34-38-6; and
     (b) the employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith.

Enacted by Chapter 234, 1987 General Session
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Last revised: Thursday, May 28, 2009