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Utah · Through 2026 General Session

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

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Where this section sits in the code
  1. Title 34 Labor in General
  2. Chapter 34-38 Drug and Alcohol Testing

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

(a) the employer receives a test result that:

(i) indicates a failed test;

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

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

(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:

(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;

(b) suspension of the employee with or without pay for a period of time;

(c) termination of employment;

(d) refusal to hire a prospective employee; or

(e) other disciplinary measures in conformance with the employer's usual procedures, including a collective bargaining agreement.

Collected 2026-09-03T11:34:33Z. Source file · JSON

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