Utah Code 34-41-102. Governmental drug-free workplace policies
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(1) Any local governmental entity or state institution of higher education may establish workplace policies and procedures designed to:
Terms Used In Utah Code 34-41-102
- Drug: means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia. See Utah Code 34-41-101
- Drug testing: means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter. See Utah Code 34-41-101
- Local governmental entity: means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities. See Utah Code 34-41-101
- Periodic testing: means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule. See Utah Code 34-41-101
- Random testing: means the unannounced drug testing of an employee or volunteer who was selected for testing by using a method uninfluenced by any personal characteristics other than job category. See Utah Code 34-41-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State institution of higher education: means the institution as defined in Section
53B-3-102 . See Utah Code 34-41-101 - Volunteer: means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably incurred. See Utah Code 34-41-101
(1)(a) educate, counsel, and increase awareness of the dangers of drugs; and
(1)(b) prohibit and discourage the detrimental use of drugs among its various classes of employees and volunteers.
(2) A local governmental entity or state institution of higher education may test employees, volunteers, prospective employees, and prospective volunteers for the presence of drugs or their metabolites, in accordance with the provisions of this chapter, as a condition of hiring, continued employment, and voluntary services.
(3) A drug-free workplace policy may include, but does not require, drug testing under the following circumstances:
(3)(a) preemployment hiring or volunteer selection procedures;
(3)(b) postaccident investigations;
(3)(c) reasonable suspicion situations;
(3)(d) preannounced periodic testing;
(3)(e) rehabilitation programs;
(3)(f) random testing in safety sensitive positions; or
(3)(g) to comply with the federal Drug Free Workplace Act of 1988, 41 U.S.C. § 8101 et seq., or other federally required drug policies.
(4) This section may not be construed to prohibit local governmental entities or state institutions of higher education from establishing policies regarding other hazardous or intoxicating substances.