34-38-8 - Employer's disciplinary or rehabilitative actions.
34-38-8. Employer's disciplinary or rehabilitative actions.
(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 basisfor 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 acondition 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.
Amended by Chapter 284, 2010 General Session