Utah § 34-38-8 Employer's disciplinary or rehabilitative actions.

Utah Statutes

§ 34-38-8 — Employer's disciplinary or rehabilitative actions.

Utah·Title 34 Labor in General·Ch. 34-38 Drug and Alcohol Testing

(1)An employer may take an action described in Subsection (2) if:

(1)(a) the employer receives a test result that:

(1)(a)(i) indicates a failed test;

(1)(a)(ii) is confirmed as required by Subsection 34-38-6(6); and

(1)(a)(iii) indicates a violation of the employer's written policy; or

(1)(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 basis for disciplinary or rehabilitative actions, which may include the following:

(2)(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 a condition of continued employment;

(2)(b) suspension of the employee with or without pay f

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(1) An employer may take an action described in Subsection (2) if:

(1)(a) the employer receives a test result that:
(1)(a)(i) indicates a failed test;
(1)(a)(ii) is confirmed as required by Subsection 34-38-6(6); and
(1)(a)(iii) indicates a violation of the employer's written policy; or
(1)(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 basis for disciplinary or rehabilitative actions, which may include the following:

(2)(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 a condition of continued employment;
(2)(b) suspension of the employee with or without pay for a period of time;
(2)(c) termination of employment;
(2)(d) refusal to hire a prospective employee; or
(2)(e) other disciplinary measures in conformance with the employer's usual procedures, including a collective bargaining agreement.

Utah § 34-38-8 (Employer's disciplinary or rehabilitative actions.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.