Workplace drug testing issues – State Laws – Utah
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in Utah
|Drug Testing Issue||Status||Comments|
|Instant or POCT Testing||No Restrictions|
|Drug Panels||No Restrictions|
|Laboratory||No Restrictions||SAMHSA certified lab recommended|
|Medical Review Officer||No Restrictions||Medical Review Office or MRO always recommended.|
|Random Testing||No Restrictions|
What drugs should you test for: There are no statutory, regulatory, or court limitations on this matter. Many employers follow the federal guidelines and test for what’s known as the HHS-5. (Amphetamines, cocaine, marijuana, opiates, and PCP).
Intoxication Defense – Denial of Workers Compensation Claim – In Utah, there is a rebuttable presumption that the major contributing cause of a work-related injury was the inappropriate use of a controlled substance or intoxication. The law allows the Company to raise the appropriate defense provided that the drug or alcohol tests were conducted appropriately.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.