§ 34-38-6 — Requirements for collection and testing.

(1) The collection and testing of a sample for drugs and alcohol under this chapter shall be performed in accordance with this chapter.
(2) The collection of a sample shall be performed under reasonable and sanitary conditions.
(3) A sample shall be collected and tested:

(3)(a) with due regard to the privacy of the individual being tested; and
(3)(b) in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of a reliable sample.
(4) The sample collection shall be documented. The documentation procedures required by this Subsection (4) include:

(4)(a) labeling of a sample so as reasonably to preclude the probability of erroneous identification of test results; and
(4)(b) an opportunity for the employee or prospective employee to provide notification of any information that the employee or prospective employee considers relevant to the test, including:
(4)(b)(i) identification of currently or recently used prescription or nonprescription drugs; or
(4)(b)(ii) other relevant medical information.
(5) Sample collection, storage, and transportation to the place of testing shall be performed so as reasonably to preclude the probability of sample contamination or adulteration.
(6) (6)(a) Testing of a sample shall conform to scientifically accepted analytical methods and procedures.
(6)(b) Before a test of a sample may be considered a failed test and used as a basis for an action by an employer under Section 34-38-8, testing of the sample shall include a confirmation test:
(6)(b)(i) by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method; and
(6)(b)(ii) if the sample used for a test is a urine sample, by a laboratory that is certified by the United States Department of Health and Human Services under the National Laboratory Certification Program.

Legislative History

Amended by Chapter 284, 2010 General Session