Any local governmental entity or institution of higher education may establish workplace policies and procedures designed to:
(a)
educate, counsel, and increase awareness of the dangers of drugs; and
(b)
prohibit and discourage the detrimental use of drugs among its various classes of employees and volunteers.
(2)
A local governmental entity or institution of higher education may test employees, volunteers, prospective employees, and prospective volunteers for the presence of drugs or their metabolites, in accordance with the provisions of this chapter, as a condition of hiring, continued employment, and voluntary services.
(3)
A drug-free workplace policy may include, but does not require, drug testing under the following circumstances:
(a)
preemployment hiring or volunteer selection procedures;
(b)
postaccident investigations;
(c)
reasonable suspicion situations;
(d)
preannounced periodic testing;
(e)
rehabilitation programs;
(f)
random testing in safety sensitive positions; or
(g)
to comply with the federal Drug Free Workplace Act of 1988, 41 U.S.C. Sec. 8101 et seq., or other federally required drug policies.
(4)
This section may not be construed to prohibit local governmental entities or institutions of higher education from establishing policies regarding other hazardous or intoxicating substances.
Section 34-41-102 ("Governmental drug-free workplace policies.") 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 § 34-41-102?
A common citation format is "Utah Code § 34-41-102" (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 § 34-41-102 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.
