{"data":{"id":"us-ut/utah-code-34-38-10","jurisdiction":"us-ut","citation":"Utah Code § 34-38-10","heading":"A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.","body":"(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.\n(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:\n(a) there is a rebuttable presumption that the test result is valid if the employer complies with Section 34-38-6; and\n(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.\n(3)\n(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:\n(i) provides medical assessment of a result that indicates a failed test;\n(ii) requests re-analysis of a test result if necessary; and\n(iii) makes a determination whether or not alcohol or other drug use has occurred.\n(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).","path":["Title 34 Labor in General","Chapter 34-38 Drug and Alcohol Testing"],"source_url":"https://le.utah.gov/xcode/Title34/Chapter38/34-38-S10.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"951e463a265583a15e8fe87ea47397f5935598aeca2eb061ebe658aecf8abfde","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-34-38-9","next":"us-ut/utah-code-34-38-11"},"notice":"GroundRules: Original legal text. Not legal advice."}