Utah § 34-38-6 - Requirements for collection and testing.
Full text of Utah Utah Code § 34-38-6 — Requirements for collection and testing., with citation guidance and answers to common questions.
§ 34-38-6. Requirements for collection and testing.
34-38-6.
Requirements for collection and testing.
(1)
The collection and testing of a sample for drugs and alcohol under this chapter shall be performed in accordance with this chapter.
(2)
The collection of a sample shall be performed under reasonable and sanitary conditions.
(3)
A sample shall be collected and tested:
(a)
with due regard to the privacy of the individual being tested; and
(b)
in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of a reliable sample.
(4)
The sample collection shall be documented. The documentation procedures required by this Subsection (4) include:
(a)
labeling of a sample so as reasonably to preclude the probability of erroneous identification of test results; and
(b)
an opportunity for the employee or prospective employee to provide notification of any information that the employee or prospective employee considers relevant to the test, including:
(i)
identification of currently or recently used prescription or nonprescription drugs; or
(ii)
other relevant medical information.
(5)
Sample collection, storage, and transportation to the place of testing shall be performed so as reasonably to preclude the probability of sample contamination or adulteration.
(6)
(a)
Testing of a sample shall conform to scientifically accepted analytical methods and procedures.
(b)
Before a test of a sample may be considered a failed test and used as a basis for an action by an employer under Section 34-38-8, testing of the sample shall include a confirmation test:
(i)
by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical method; and
(ii)
if the sample used for a test is a urine sample, by a laboratory that is certified by the United States Department of Health and Human Services under the National Laboratory Certification Program.
Section 34-38-6 ("Requirements for collection and testing.") 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 § 34-38-6?
A common citation format is "Utah Code § 34-38-6" (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 § 34-38-6 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.
