An employer in Utah may legally conduct a drug test on job applicants as well as current employees. The employer will be required to implement a drug testing policy and ensure that each individual has reviewed the policy before any test can be conducted. If testing employees, the test must be conducted during the individual’s working hours, or immediately after they finish, with all costs being covered by the employer.
Can Current Employees be Tested? Yes, if for any of the following reasons:
- Possible impairment
- Following accidents or theft
- Maintaining safety for employees and the public
- Maintaining product service/quality, productivity, and security of property and/or information
Is Certified Testing Required? Yes.
Laws – § 34-38-1 through § 34-38-15
What Can be Tested? Urine, blood, breath, saliva, hair.
How to Conduct a Legal Drug Test
Step 1 – Start by having each subject complete a Drug Test Release Form. One of the following samples must then be taken from the subject:
Step 2 – Next, the employer must bring the sample to a certified laboratory to have it tested (see the Substance Abuse and Mental Health Association’s (SAMHSA) website for a list of laboratories).
Step 3 – A positive test result must be confirmed by a gas chromatography, gas chromatography-mass spectroscopy, or other similar method. The confirmation test must also be executed by a certified laboratory as mentioned in the previous step.
Step 4 – If the test comes back positive a second time, the employer may legally terminate the employee or implement disciplinary or rehabilitative action.