Section R477-14-2 - Management Action(1) Under Rules R477-10, R477-11, and Section R477-14-2, supervisors and managers who receive notice of a workplace violation of this rule shall take immediate action.(2) Except as provided in Title 26, Chapter 61a, Utah Medical Cannabis Act, management may take disciplinary action which may include dismissal if: (a) there is a verified positive test for controlled substances;(b) results of a confirmation test for alcohol meet or exceed the established alcohol concentration cutoff level;(c) management determines an employee cannot perform assigned job tasks, even when the result of a chemical test is reported negative;(d) an employee refuses a request to submit to testing under this policy;(e) an employee substitutes, adulterates, or otherwise tampers with a drug or alcohol testing sample, or attempts to do so; or(f) an employee violates any other portion of this rule.(3) When an employee has a verified positive test for use of a controlled substance or alcohol in violation of these rules, management may require the employee to agree to participate, at the employee's expense, in a rehabilitation program, under Subsection 63A-17-1006(3). If this is required, the following shall apply.(a) Management shall grant a leave of absence using accrued leave or leave without pay to an employee participating in a rehabilitation program for inpatient treatment.(b) The employee shall sign a release to allow the transmittal of verbal or written compliance reports between the state agency and the inpatient or outpatient rehabilitation program provider.(c) Any communication is classified as private in accordance with Section 63G-2-302.(d) Management may require an employee to continue participation in an outpatient rehabilitation program prescribed by a licensed practitioner on the employee's own time and expense.(e) Management shall reinstate an employee who successfully completes a rehabilitation program to work in the previously held position, or a position with a comparable or lower salary range.(f) Management shall discipline an employee who fails to complete the prescribed treatment without a valid reason.(4) Management may require an employee who has a verified positive test for use of a controlled substance or alcohol to submit to follow up testing.(5) An employee who is convicted of manufacturing, distributing, dispensing, possessing, selling or using a controlled substance, under federal or state criminal law, shall notify the agency head of the conviction no later than five calendar days after the conviction.(6) The agency head shall notify the federal grantor or agency for which a contract is being performed within ten calendar days of receiving notice of a conviction under Subsection (5) from: (c) an employee performing work under the grant or contract who has been convicted of a controlled substance violation in the workplace.Utah Admin. Code R477-14-2
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