Utah Admin. Code R477-14-1 - Rules Governing a Drug-Free Workplace
(1) Except as
provided in Title 26, Chapter 61a, Utah Medical Cannabis Act, this rule implements
the federal Drug-Free Workplace Act of 1988,
41 USC
8101, et seq., the Omnibus Transportation Employee
Testing Act of 1991,
49 U.S.C.
5331, et seq., and Section 63A-17-1004 authorizing
drug and alcohol testing, to:
(a) provide a safe,
productive work environment that is free from the effects of drug and alcohol
abuse;
(b) identify, correct and remove
the effects of drug and alcohol abuse on job performance; and
(c) assure the protection and safety of employees,
the public, and property.
(2)
State employees should report to work fit for duty and able to safely and
effectively perform job functions.
(a) State
employees are not prohibited from lawful use and possession of prescribed or
over-the-counter medications unless the medication adversely affects their ability
to safely or effectively perform their job duties. Any employee taking prescribed or
over-the-counter medications is responsible for consulting the prescribing physician
or pharmacist to ascertain whether the medication may interfere with safe
performance of job functions. If the use of a medication could compromise the safety
of employees, the public, or property it is the employee's responsibility to avoid
unsafe workplace practices by using appropriate personnel procedures such as calling
in sick, using leave, requesting a change of duty, notifying a supervisor, or
notifying DHRM.
(b) The illegal or
unauthorized use of prescription drugs is prohibited. It is a violation of this rule
to intentionally misuse or abuse prescription medication. Management may take
appropriate personnel action, up to and including dismissal from employment, if job
performance deteriorates or other accidents occur.
(3) Except as provided in Title 26, Chapter 61a,
Utah Medical Cannabis Act, state employees may not unlawfully manufacture, dispense,
possess, distribute, use or be under the influence of any controlled substance or
alcohol during working hours, on state property, or while operating a state vehicle
at any time, or other vehicle while on duty.
(4) Employees shall follow Subsection R477-14-1(2)
outside of work if the activity:
(a) directly
affects the eligibility of state agencies to receive federal grants or to qualify
for federal contracts of $25,000 or more; or
(b) prevents the employee from performing job
duties safely or effectively.
(5) Management shall conduct any drug or alcohol
testing in compliance with applicable federal and state regulations and
policies.
(6) Management shall ensure
that any drug or alcohol testing is conducted by a federally certified or licensed
physician or clinic, or testing service approved by DHRM.
(7) Drug or alcohol tests with positive results or
a possible false positive result shall require a confirmation test.
(8) Management may require final applicants who
are not current employees to submit to pre-employment drug testing.
(9) Management may conduct drug or alcohol tests
for the following reasons:
(a) reasonable
suspicion;
(b) critical
incident;
(c) post accident;
(d) return to duty; and
(e) follow up.
(10) Management may require final candidates for
transfer or promotion to a highly sensitive position to submit to pre-employment
drug testing.
(11) Management may not
require an employee who is reassigned to a highly sensitive position or assigned the
duties of a highly sensitive position to submit to pre-employment drug
testing.
(12) Management may require
employees in highly sensitive positions, as designated by DHRM, to submit to random
drug or alcohol testing without justification of reasonable suspicion or critical
incident. Except when required by federal regulation or state policy, random drug or
alcohol testing of employees in highly sensitive positions is conducted at the
discretion of the employing agency.
(13)
This rule incorporates by reference the requirements of
49 CFR
40.87.
(14) The state will use a blood alcohol
concentration level of .04 for safety sensitive positions and .05 for any other
positions as the cut off for a positive alcohol test except where designated
otherwise by federal regulations.
(15)
Management with employees in federally regulated positions shall administer testing
and prohibition requirements and conduct training on these requirements as outlined
in the current federal regulation.
(16)
When an employee in a federally regulated position has a confirmation test for
alcohol results at or in excess of the applicable federal cut off level when tested
before, during, or after performing safety sensitive duties, management:
(a) shall remove the employee from duty according
to the applicable federal regulations; and
(b) may discipline the employee which may include
dismissal.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.