No. 35412 (5-year Review): Rule R477-14. Substance Abuse and Drug-Free Workplace

DAR File No.: 35412
Filed: 11/04/2011 02:32:28 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 67-19-6 authorizes the Department of Human Resource Management (DHRM) to make rules regarding human resources, including the discipline of employees for violations of substance abuse laws, as stated in Sections 67-19-18, 67-19-34, 67-19-37, and 67-19-38; and the testing of employees for suspected use of controlled substances, as stated in Section 67-19-36.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

During the past five years, the only written comments received about this rule or proposed amendments came from the Governor's Office of Planning and Budget, wherein they disagreed with a proposed amendment's categorization as nonsubstantive. DHRM withdrew the filing and filed a substantive amendment.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Section 67-19-33 prohibits controlled substance and alcohol in the workplace and Section 67-19-34 requires DHRM to make rules governing violations of this. This rule also implements the federal Drug-Free Workplace Act of 1988, Omnibus Transportation Employee Testing Act of 1991, and incorporates the federal Code of Regulations. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• J.J. Acker at the above address, by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at [e-mail]

Authorized by:

Jeff Herring, Executive Director

Effective:

11/04/2011

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