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Utah State Drug Testing Laws

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 IssueStatusComments
Instant or POCT TestingNo Restrictions 
Drug PanelsNo Restrictions 
LaboratoryNo RestrictionsSAMHSA certified lab recommended
Medical Review OfficerNo RestrictionsMedical Review Office or MRO always recommended.
Random TestingNo Restrictions 
Post-AccidentNo RestrictionsDrug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident.
Reasonable SuspicionNo Restrictions 
Oral FluidsNo Restrictions 
Hair TestingNo Restrictions 
Unemployment DenialYesUnemployment law and court decisions may result in denial of benefits when fired for a positive drug test.
Workers Comp DiscountNo 
Intoxication DefenseYesWorkers’ Compensation intoxication defense to a claim exists, including rebuttable presumption.
Medical MarijuanaYesNovember 6, 2018 – Utah voters approved Proposition 2, legalizing medical marijuana, with approximately 53% of the votes. Legislature will begin adopting rules. Smoking marijuana will remain prohibited. Proposition 2, as passed, does not limit or change an employers’ rights.
Recreational MarijuanaNo 
Report Driver DOT PositivesNo 
General Statute There are no state rules that limit employer actions when it comes to workplace drug or alcohol testing.
Voluntary law provides for limited legal protections –§ 23.10.620.

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.

View Individual State Law Summaries

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