Federal & State Regulations | Drug-free workplace - Utah

State Info

Summary of differences between federal and state regulations

The federal Drug-Free Workplace Act, which applies only to federal contractors and grantees, requires adoption of Drug-Free Workplace rules to do business with the government. It neither requires nor prohibits drug testing. States are free to adopt whatever regulations they deem appropriate for public or private employers. Where states have drug testing provisions as part of their Drug Free Workplace Acts, drug testing information is included in this section. Where states have separate drug testing provisions that are not part of a Drug Free Workplace Act, these are covered under the section on “Drug Testing.”

Voluntary Drug and Alcohol Testing Act

Utah’s Voluntary Drug and Alcohol Testing Act lists as its purpose to maintain “safe working conditions free from the effects of drugs and alcohol.” It provides that no cause of action may be brought against any employer who establishes a drug and alcohol testing program in compliance with the act. Employers are specifically authorized to conduct any type of testing in order to maintain the safety of employees and the public or to maintain productivity and quality of services and products. Reasonable suspicion and post-accident testing are specifically mentioned, as well as testing in incidents of workplace theft. Testing of applicants as well as employees is allowed. If a testing program is implemented, all management personnel must also be subject to testing. The law requires that specific requirements be met with regard to drug testing procedures. The Act does not apply to public employers.