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Summary of differences between federal and state regulations
The federal laws which govern medical exams for employment purposes are the Americans with Disabilities Act (ADA), federal drug testing guidelines under the Omnibus Transportation Employee Testing Act, and the Health Insurance Portability and Accountability Act (HIPAA). A federal executive order prohibits federal employers from requesting genetic tests as a condition of employment, but there are as yet no provisions relating to private employers.
The ADA governs medical testing in relation to applicants and employees with disabilities. For more information on the Americans with Disabilities Act, see the ADA topic.
Drug tests are not considered medical examinations under the ADA, but the records of such tests are considered confidential medical records from a privacy standpoint, and certain procedures must be followed in conducting the tests. For more information, see the section on Drug Testing.
For more information on privacy and medical records, see the Health Insurance Portability and Accountability Act (HIPAA) topic.
Genetic test
An employer may not require or request and individual to submit to a genetic test.
Drug test information
Information received by the employer in connection with a drug and alcohol testing program is confidential.
Payment of exams
An employer can not charge an employee or applicant a fee for the physical examination of that person or require that person to submit to a medical exam as a condition of employment unless the employer pays the full cost.
Pre-employment exams
State law mirrors the ADA in regard to pre-employment medical exams.
State
Contact
Regulations
Genetic test
Utah Code Title 26, Chapter 45, §26-45-103
Drug test information
Utah Code Title 34, Chapter 38, §34-38-13
Payment of exams
Utah Code Title 34, Chapter 33, §34-33-1
Pre-employment exams
Utah Administrative Code Title R606-2-2
Federal
Contacts
Americans with Disabilities Act (ADA)
Drug testing
US Department of Transportation
Health Insurance Portability and Accountability Act (HIPAA)
Regulations
Americans with Disabilities Act (ADA)
29 CFR 1600, 1601, 1602, 1603, 1604,
1605, 1606, 1607, 1608, 1610, 1611,
1612, 1614, 1620, 1621, 1625, 1626,
1627, 1630, 1635, 1640, 1641
1650, 1690, 1691
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Health Insurance Portability and Accountability Act (HIPAA)
45 CFR Subchapter B – Parts 144, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, Subchapter C – 160, 162, 164,
Public Law 104-191 (104th Congress)