§ 34-38-10 — A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.

Utah § 34-38-10

• Jurisdiction: Utah
• Title 34: Labor in General
• Ch. 34-38: Drug and Alcohol Testing

Text

(1) A cause of action may not arise in favor of a person against an employer who establishes a program of drug or alcohol testing in accordance with this chapter, and who takes an action under Section 34-38-8, unless the employer takes the action on the basis of an inaccurate test result.
(2) If a person bringing a claim, including a claim under Section 34-38-11, alleges that an employer's action is based on an inaccurate test result:

(2)(a) there is a rebuttable presumption that the test result is valid if the employer complies with Section 34-38-6; and
(2)(b) the employer is not liable for monetary damages if the employer's reliance on an inaccurate test result is reasonable and in good faith.
(3) (3)(a) There is a rebuttable presumption that the employer complies with Section 34-38-6 if as part of the employer's drug and alcohol testing program a licensed physician who is trained in the interpretation of drug and alcohol test results:
(3)(a)(i) provides medical assessment of a result that indicates a failed test;
(3)(a)(ii) requests re-analysis of a test result if necessary; and
(3)(a)(iii) makes a determination whether or not alcohol or other drug use has occurred.
(3)(b) A court may find that an employer complies with Section 34-38-6 notwithstanding that the employer's drug and alcohol testing program does not include an action described in Subsection (3)(a).

Legislative History

Amended by Chapter 284, 2010 General Session