Has your employer or a prospective employer in Utah asked you to take a drug test? If so, you’ll want to know your legal rights. Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn’t otherwise require – or prohibit drug tests. For the most part, state and local laws determine whether a private employer may require drug testing.
Utah allows employers to require applicants and employees to take drug tests, as long as the employer follows state procedures. Employers are not required to drug test.
Utah employers may require applicants to take a drug test as a condition of employment, as long as employers and management also submit to periodic testing. Testing may be conducted only according to the employer’s written policy, which must be available for review by prospective employees.
Employers in Utah may test employees for drugs, as long as employers and management also submit to periodic testing. Employers may require testing for these reasons:
The employer must have a written drug test policy that has been distributed to employees. Testing must occur during or immediately after the employee’s regular work schedule. An employer may take action against an employee if the employee refuses to be tested or fails the test. (A failed test is a confirmed positive result for drugs, an adulterated sample, or a substituted sample.)
Even though Utah law allows employers to drug test, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. Here are some examples: