Utah § 34-38-10 - A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.

Full text of Utah Utah Code § 34-38-10 — A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer., with citation guidance and answers to common questions.

§ 34-38-10. A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.

34-38-10.  A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.
(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.
(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:
(a) there is a rebuttable presumption that the test result is valid if the employer complies with Section 34-38-6; and
(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.
(3)
(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:
(i) provides medical assessment of a result that indicates a failed test;
(ii) requests re-analysis of a test result if necessary; and
(iii) makes a determination whether or not alcohol or other drug use has occurred.
(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).


Amended by Chapter 284, 2010 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 34-38-10

What does Utah Code § 34-38-10 cover?

Section 34-38-10 ("A cause of action does not arise against employer unless inaccurate test result -- Presumption and limitation of damages in claim against employer.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 34-38-10?

A common citation format is "Utah Code § 34-38-10" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 34-38-10 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

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