Utah law permits for drug testing as long as managers and supervisors are also tested on a regular basis.
Have you been requested to undergo a drug test by your current or future employer in Utah? If this is the case, you should be aware of your legal options. Employer drug testing is subject to minimal restrictions under federal law: Although the federal government compels employers to conduct drug tests in a select safety-sensitive areas (such as transportation, aviation, and contractors with NASA and the Department of Defense), federal law does not mandate – or ban – drug tests in other industries. State and municipal regulations, for the most part, govern whether a private company may request drug testing.
Employers in Utah may request drug testing of applicants and workers as long as they follow state regulations. Employers are not compelled to drug test their employees.
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Drug Testing for Applicants in Utah
Employers in Utah may mandate drug testing as a condition of employment, as long as employers and managers likewise agree to periodic testing. Testing may be undertaken only in accordance with the employer’s written policy, which must be accessible for potential workers to examine.
Employee Drug Testing in Utah
Employers in Utah may conduct drug tests on their workers as long as the employers and managers also submit to periodic testing. Employers may request testing for the following reasons:
to investigate possible individual employee impairment, to investigate an accident or theft, to ensure employee or public safety, productivity, quality of products or services, or security, and as part of a rehabilitation, treatment, or counseling program in which the employee participates as a condition of continuing employment after a positive drug test.
Employees must be informed of the employer’s documented drug-testing policy. Testing must take place during or soon after the employee’s usual work routine. If an employee refuses to be tested or fails the test, the company may take disciplinary action. (A failed test is defined as a verified positive drug test, a contaminated sample, or a replaced sample.)
Legal Claims Relating to Drug Testing
Despite the fact that Utah law permits employers to perform drug tests, workers and candidates may have legal claims depending on how the test was done, who was tested, or how the findings were utilized. Here are a few such examples:
State laws and procedures have been violated. Although an employer has the legal authority to test, it must follow the rules of the state.
Discrimination based on disability. The Americans with Disabilities Act (ADA) protects applicants and employees who are using disability medicines. Some authorized pharmaceuticals show up on drug tests, whereas some illicit substances (such as opiates) are properly prescribed for specific ailments. If an application is denied due to a positive drug test and the applicant’s prescription was lawfully prescribed for a handicap, the employer may be held accountable.
Other charges of discrimination. An employer that targets certain categories of workers for drug testing, such as by color, age, or gender, may face a discrimination lawsuit.
Invasion of one’s privacy. Even if an employer is permitted or obligated to test, the manner in which the exam is conducted may breach employee privacy. For example, compelling workers to disrobe or produce a urine sample in front of others may be a breach of their privacy.
Defamation. If the company publicizes that the employee tested positive, the test result was incorrect, and the employer acted intentionally in sharing the information, the employee may have a viable claim for defamation.