First Substitute H.B. 145

This document includes House Floor Amendments incorporated into the bill on Thu, Mar 5, 2009 at 11:04 AM by ddonat. --> This document includes House Floor Amendments incorporated into the bill on Thu, Mar 5, 2009 at 3:23 PM by ddonat. -->

Representative Trisha S. Beck proposes the following substitute bill:

1 WORKPLACE DRUG TESTING PROGRAMS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Trisha S. Beck
5 Senate Sponsor: Allen M. Christensen
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions applicable to drug testing programs of nongovernmental
10 employers.
11 Highlighted Provisions:
12 This bill:
13 . addresses procedures related to confirmation of tests; and
14 . makes technical and conforming amendments.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 34-38-6, as enacted by Laws of Utah 1987, Chapter 234
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 34-38-6 is amended to read:
25 34-38-6. Requirements for collection and testing.

26 [All sample] (1) The collection and testing of a sample for drugs and alcohol under this
27 chapter shall be performed in accordance with [the following conditions:] this section.
28 [(1) the] (2) The collection of [samples] a sample shall be performed under reasonable
29 and sanitary conditions[;].
30 [(2) samples] (3) A sample shall be collected and tested:
31 (a) with due regard to the privacy of the individual being tested[,]; and
32 (b) in a manner reasonably calculated to prevent [substitutions] a substitution or
33 interference with the collection or testing of a reliable [samples;] sample.
34 [(3) sample] (4) Sample collection shall be documented, and the documentation
35 procedures shall include:
36 (a) labeling of [samples] a sample so as reasonably to preclude the probability of
37 erroneous identification of test results; and
38 (b) an opportunity for [the] an employee or prospective employee to provide
39 notification of [any] information [which he] that the employee or prospective employee
40 considers relevant to the test, including:
41 (i) identification of currently or recently used prescription or nonprescription drugs[,];
42 or
43 (ii) other relevant medical information.
44 [(4) sample] (5) Sample collection, storage, and transportation to the place of testing
45 shall be performed so as reasonably to preclude the probability of sample contamination or
46 adulteration[; and].
47 [(5) sample] (6) Sample testing shall conform to scientifically accepted analytical
48 methods and procedures. [Testing]
49 (7) (a) Before a test result described in Subsection (7)(b) may be used as a basis for an
50 action H. [ to terminate employment ] .H by an employer under Section 34-38-8 , testing shall
50a include verification or confirmation
51 of [any positive] the test result by:
52 (i) (A) gas chromatography[,];
53 (B) gas chromatography-mass spectroscopy[,]; or
54 (C) other comparably reliable analytical method[, before the result of any test may be
55 used as a basis for any action by an employer under Section 34-38-8 .]; and
56 (ii) if the sample used for a test is a urine sample, a laboratory that is certified by the

57 United States Department of Health and Human Services under the National Laboratory
58 Certification Program.
59 (b) This Subsection (7) applies to a test result that is:
60 (i) positive;
61 (ii) adulterated;
62 (iii) diluted;
63 (iv) substituted; or
64 (v) invalid.