Utah Drug Testing Laws

Utah has established specific laws and guidelines for drug and alcohol testing of employees and prospective employees. The Utah Drug and Alcohol Testing Act lays out the criteria and conditions under which drug testing can be conducted, the rights of employees, and the responsibilities of employers.

For detailed regulations, refer to the Utah Drug and Alcohol Testing Act here.

Marijuana in Utah: Medical marijuana is legal under the Utah Medical Cannabis Act, but recreational use remains illegal.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	Allowed	With stipulations under the Utah Drug and Alcohol Testing Act.
Drug Panels	Not Specified by law	Up to employer's discretion.
Laboratory	Required	Licensed labs must be used for confirmation tests.
Medical Review Officer (MRO)	Required	For positive tests.
Random Testing	Allowed	With considerations and restrictions under state law.
Post-Accident	Allowed	If impairment is suspected.
Reasonable Suspicion	Allowed	Based on documented observations.
Oral Fluids	Allowed	At employer's discretion.
Hair Testing	Allowed	At employer's discretion.
Unemployment Denial	Possible	If drug use violated company policy and led to termination.
Workers Comp Premium Reduction	Not Specified	Employers may receive benefits for establishing drug-free workplace policies.
Intoxication Defense	Allowed	Employers can deny workers' compensation claims if injury is due to intoxication.
Medical Marijuana	Limited Allowance	Allowed under the Utah Medical Cannabis Act for qualifying patients.
Recreational Marijuana	No	Not legalized in Utah.
Report Driver DOT Positives	Follow federal guidelines	Federal DOT regulations apply.
General Statute	Utah Drug and Alcohol Testing Act	This is the primary statute governing drug testing in the workplace.

It's crucial to note that while this summary provides an overview, it's essential for employers and interested parties to consult with a legal professional for thorough understanding and updates. Information may change over time, and legal nuances may impact specific situations.

Answered by: Andrew David Easler, Esq.
Published: 12/19/2022
Updated: 11/03/2023

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