Section 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;(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.Utah Admin. Code R477-14-1
Amended by Utah State Bulletin Number 2017-14, effective 7/1/2017Amended by Utah State Bulletin Number 2019-14, effective 7/1/2019Amended by Utah State Bulletin Number 2020-13, effective 7/1/2020Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022