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

Utah Statutes

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

Utah § 34-38-8

Title 34Labor in General

Ch. 34-38Drug and Alcohol Testing

This text of Utah § 34-38-8 (Employer's disciplinary or rehabilitative actions.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 34-38-8 (2026).

Text

(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.