Utah Code 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
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(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.
Terms Used In Utah Code 34-38-10
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(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:(2)(a) there is a rebuttable presumption that the test result is valid if the employer complies with Section 34-38-6; and(2)(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)(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:(3)(a)(i) provides medical assessment of a result that indicates a failed test;(3)(a)(ii) requests re-analysis of a test result if necessary; and(3)(a)(iii) makes a determination whether or not alcohol or other drug use has occurred.(3)(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).