34-41-102 - Governmental drug-free workplace policies.
34-41-102. Governmental drug-free workplace policies.
(1) Any local governmental entity or state institution of higher education may establishworkplace policies and procedures designed to:
(a) educate, counsel, and increase awareness of the dangers of drugs; and
(b) prohibit and discourage the detrimental use of drugs among its various classes ofemployees and volunteers.
(2) A local governmental entity or state institution of higher education may testemployees, volunteers, prospective employees, and prospective volunteers for the presence ofdrugs or their metabolites, in accordance with the provisions of this chapter, as a condition ofhiring, continued employment, and voluntary services.
(3) A drug-free workplace policy may include, but does not require, drug testing underthe following circumstances:
(a) preemployment hiring or volunteer selection procedures;
(b) postaccident investigations;
(c) reasonable suspicion situations;
(d) preannounced periodic testing;
(e) rehabilitation programs;
(f) random testing in safety sensitive positions; or
(g) to comply with the federal Drug Free Workplace Act of 1988, 41 U.S.C. 701 through707, or other federally required drug policies.
(4) This section may not be construed to prohibit local governmental entities or stateinstitutions of higher education from establishing policies regarding other hazardous orintoxicating substances.
Enacted by Chapter 18, 1994 General Session