Utah § 34-38-2 - Definitions.

Full text of Utah Utah Code § 34-38-2 — Definitions., with citation guidance and answers to common questions.

§ 34-38-2. Definitions.

Effective 5/10/2016
34-38-2.  Definitions.
     For purposes of this chapter:
(1) "Alcohol" means ethyl alcohol or ethanol.
(2) "Drugs" means a substance recognized as a drug in the United States Pharmacopoeia, the National Formulary, the Homeopathic Pharmacopoeia, or other drug compendia, or supplement to any of those compendia.
(3) "Employee" means an individual in the service of an employer for compensation.
(4)
(a) "Employer" means a person, including a public utility or transit district, that has one or more workers or operators employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written.
(b) "Employer" does not include the federal or state government, or other local political subdivisions.
(5) "Failed test" means a confirmed drug or alcohol test that indicates that the sample tested is:
(a) positive;
(b) adulterated; or
(c) substituted.
(6) "Inaccurate test result" means a test result that is treated as a positive test result, when the sample should not have resulted in a positive test result.
(7) "Licensed physician" means an individual who is licensed:
(a) as a doctor of medicine under Title 58, Chapter 67, Utah Medical Practice Act, or similar law of another state; or
(b) as an osteopathic physician or surgeon under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or similar law of another state.
(8) "Prospective employee" means an individual who applies to an employer, either in writing or orally, to become the employer's employee.
(9) "Sample" means urine, blood, breath, saliva, or hair.


Amended by Chapter 348, 2016 General Session

Frequently Asked Questions About Utah § 34-38-2

What does Utah Code § 34-38-2 cover?

Section 34-38-2 ("Definitions.") 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 § 34-38-2?

A common citation format is "Utah Code § 34-38-2" (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 § 34-38-2 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.

Sources & Verification

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