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Utah Code Title 34. Labor in General § 34-38-8. Employer's disciplinary or rehabilitative actions

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Utah Code Title 34. Labor in General § 34-38-8. Employer's disciplinary or rehabilitative actions - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-34-labor-in-general/ut-code-sect-34-38-8/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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