<section number="34-38-7"><effdate>5/7/2025</effdate><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Employer's written testing policy -- Purposes and requirements for collection and testing -- Employer's use of test results.</catchline><subsection number="34-38-7(1)">Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy which has been distributed to employees and is available for review by prospective employees.</subsection><subsection number="34-38-7(2)">Within the terms of the employer's written policy, an employer may require the collection and testing of samples for the following purposes:<subsection number="34-38-7(2)(a)">investigation of possible individual employee impairment;</subsection><subsection number="34-38-7(2)(b)">investigation of accidents in the workplace or incidents of workplace theft;</subsection><subsection number="34-38-7(2)(c)">maintenance of safety for employees or the general public; or</subsection><subsection number="34-38-7(2)(d)">maintenance of productivity, quality of products or services, or security of property or information.</subsection></subsection><subsection number="34-38-7(3)">The collection and testing of samples shall be conducted in accordance with Sections <xref depth="3" refnumber="34-38-4" start="0">34-38-4</xref>, <xref depth="3" refnumber="34-38-5" start="0">34-38-5</xref>, and <xref depth="3" refnumber="34-38-6" start="0">34-38-6</xref>, and need not be limited to circumstances where there are indications of individual, job-related impairment of an employee or prospective employee.</subsection><subsection number="34-38-7(4)">The employer's use and disposition of all drug or alcohol test results are subject to the limitations of Sections <xref depth="3" refnumber="34-38-8" start="0">34-38-8</xref> and <xref depth="3" refnumber="34-38-13" start="0">34-38-13</xref>.</subsection></section>