No. 33587 (New Rule): Rule R916-6. Drug and Alcohol Testing in State Construction Contracts

(New Rule)

DAR File No.: 33587
Filed: 04/29/2010 10:07:10 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to comply with Section 63G-6-604.

Summary of the rule or change:

The rule sets forth: 1) the requirement that contractors and subcontractors in state construction contracts have in place a drug and alcohol testing policy in compliance with Section 63G-6-604; 2) the procedure to certify compliance; and 3) penalties, reasonable notice, and the opportunity to cure a violation before suspension or debarment.

State statutory or constitutional authorization for this rule:

• Section 72-1-201
• Section 63G-6-604

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to include the drug and alcohol testing policy requirement in state construction contracts. Some administrative costs may be incurred if an enforcement action is necessary for violation of the rule.

local governments:

There is no anticipated cost or savings to local government because the rule only applies to state construction contracts.

small businesses:

There is no anticipated cost or savings to small businesses, unless they are a contractor or subcontractor in a state construction contract, in which case they would have the cost of implementing a drug and alcohol testing policy.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities, unless they are a contractor or subcontractor in a state construction contract, in which case they would have the cost of implementing a drug and alcohol testing policy.

Compliance costs for affected persons:

A contractor or subcontractor in a state construction contract will have the cost of implementing a drug and alcohol testing policy.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no anticipated fiscal impact on businesses unless they are a contractor or subcontractor in a state construction contract, in which case they would have the cost of implementing a drug and alcohol testing policy.

John Njord, Director

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

Transportation
Operations, Construction
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2010

This rule may become effective on:

06/21/2010

Authorized by:

John Njord, Executive Director

RULE TEXT

R916. Transportation, Operations, Construction.

R916-6. Drug and Alcohol Testing in State Construction Contracts.

R916-6-1. Purpose.

The purpose of this rule is to comply with the provisions of Section 63G-6-604.

 

R916-6-2. Authority.

This rule is required by Section 63G-6-604 and is enacted under the authority of Section 72-1-201.

 

R916-6-3. Definitions.

Except as otherwise provided in this rule, the terms used are defined in Subsection 63G-6-604(1).

(1) "Department" means the Utah Department of Transportation.

 

R916-6-4. Requirements and Procedures.

A contractor or subcontractor shall demonstrate compliance with the requirements of Section 63G-6-604 by certifying in the contract documents that the contractor or subcontractor has and will maintain a drug and alcohol testing policy that meets all the requirements of Section 63G-6-604 during the period of the state construction contract.

 

R916-6-5. Penalties.

A contractor or subcontractor's failure to comply with the provisions of Section 63G-6-604 will be considered a breach of the terms of the contract and the Department may pursue all remedies and impose all penalties allowed by law, including but not limited to suspension and debarment.

 

R916-6-6. Reasonable Notice and Opportunity to Cure.

The Department shall give reasonable notice and an opportunity to cure a violation of Section 63G-6-604 before suspension or debarment of the contractor or subcontractor under R916-6-5.

 

KEY: contracts, drug and alcohol testing

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: 63G-6-604, 72-1-201

 

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