Title 34 Chapter 38 Section 10

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Index	Utah Code
Title 34	Labor in General
Chapter 38	Drug and Alcohol Testing
Section 10	A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.

34-38-10. A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.

(1)	A cause of action may not arise in favor of a person against an employer who establishes a program of drug or alcohol testing in accordance with this chapter, and who takes an action under Section 34-38-8, unless the employer takes the action on the basis of an inaccurate test result.

(2)

If a person bringing a claim, including a claim under Section 34-38-11, alleges that an employer's action is based on an inaccurate test result:

(a)	there is a rebuttable presumption that the test result is valid if the employer complies with Section 34-38-6; and

(b)	the employer is not liable for monetary damages if the employer's reliance on an inaccurate test result is reasonable and in good faith.

(3)

(a)

There is a rebuttable presumption that the employer complies with Section 34-38-6 if as part of the employer's drug and alcohol testing program a licensed physician who is trained in the interpretation of drug and alcohol test results:

(i)	provides medical assessment of a result that indicates a failed test;

(ii)	requests re-analysis of a test result if necessary; and

(iii)

makes a determination whether or not alcohol or other drug use has occurred.

(b)	A court may find that an employer complies with Section 34-38-6 notwithstanding that the employer's drug and alcohol testing program does not include an action described in Subsection (3)(a).

Amended by Chapter 284, 2010 General Session

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