34-38-8. Employer's disciplinary or rehabilitative actions.

169 words·~1 min read·/ut/title-34/chapter-38/34-38-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)An employer may take an action described in Subsection

(2)if:

(a)the employer receives a test result that:

(i)indicates a failed test;

(ii)is confirmed as required by Subsection 34-38-6(6) ; and

(iii)indicates a violation of the employer's written policy; or

(b)an employee or prospective employee refuses to provide a sample.

(2)An employer may use a test result or a refusal described in Subsection

(1)as the basis for disciplinary or rehabilitative actions, which may include the following:

(a)a requirement that the employee enroll in an employer-approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment;

(b)suspension of the employee with or without pay for a period of time;

(c)termination of employment;

(d)refusal to hire a prospective employee; or

(e)other disciplinary measures in conformance with the employer's usual procedures, including a collective bargaining agreement.

Amended by Chapter 284 , 2010 General Session