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Utah Drug Testing Compliance

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Utah

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make Utah drug test compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in this state. Utah is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice; however, there may be federal rules to consider that may restrict your program in other ways. This overview is to introduce you to the nature and history of Utah workplace drug testing rules and to provide a basic understanding of the drug and alcohol compliance issues you may face when testing in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Utah.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: All types of testing are permitted. The only condition is that if testing is conducted, it must be conducted of all employees, including management. Post-accident also includes theft.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: Strongly encouraged given the restrictions in some cities for drug testing.
Q7: What types of specimens can we test for?
A: Urine, blood, breath, saliva, or hair.
Q8: Are there restrictions for Alcohol Testing?
A: The same qualifications apply as they do for drug testing.

Utah Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing, and no known regulation limits workplace drug or alcohol testing. Since there are no known state statutes, regulations, or court decisions in this state, you may be free, within the limits of applicable federal rules, to draft any policy you wish and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.

Employers may not refuse to hire, terminate, or take adverse employment action against a person solely because they are a medical marijuana cardholder. Employers can still drug test for this drug and have a zero-tolerance policy for cannabis use.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Can I do a random testing for my employees in Utah?

Correct!

 

 Answer is “Yes”

There are no limitations for drug and alcohol testing in Utah.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Utah Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Utah personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: On March 21, 2014, Governor Herbert signed H.B. 105 into law establishing the Utah Industrial Hemp Research Act and Hemp Extract Registration Act commonly known as “Charlee’s Law” related to cannabidiol (CBD) use in Utah. Under this law, the CBD must contain less than 0.3% tetrahydrocannabinol (THC), the psychoactive ingredient in the cannabis plant commonly known as marijuana. Possession of the substance is available to a very limited number of residents of Utah with “intractable epilepsy” and “exempts” those qualified to possess the CBD from penalties under the Controlled Substances Act.

Employers may not refuse to hire, terminate, or take adverse employment action against a person solely because they are a medical marijuana cardholder. Employers can still drug test for this drug and have a zero-tolerance policy for cannabis use.

Personal Use: Utah does not currently have a personal use law for marijuana.

For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases at this time.

N/A

N/A

N/A

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