R33-13-301. Drug and Alcohol Testing Required for State Contracts: Definitions

  (1) The following definitions shall apply to any term used in Rules R33-13-301 through R33-13-304:

  (a) "Covered individual" means an individual who:

  (i) on behalf of a contractor or subcontractor provides services directly related to design or construction under a state construction contract; and

  (ii) is in a safety sensitive position, including a design position, that has responsibilities that directly affect the safety of an improvement to real property that is the subject of a state construction contract.

  (b) "Drug and alcohol testing policy" means a policy under which a contractor or subcontractor tests a covered individual to establish, maintain, or enforce the prohibition of:

  (i) the manufacture, distribution, dispensing, possession, or use of drugs or alcohol, except the medically prescribed possession and use of a drug; or

  (ii) the impairment of judgment or physical abilities due to the use of drugs or alcohol.

  (c) "Random testing" means that a covered individual is subject to periodic testing for drugs and alcohol:

  (i) in accordance with a drug and alcohol testing policy; and

  (ii) on the basis of a random selection process.

  (d) For purposes of Subsection R33-13-302(5), "state" includes any of the following of the state:

  (i) a department;

  (ii) a division;

  (iii) an agency;

  (iv) a board including the Procurement Policy Board;

  (v) a commission;

  (vi) a council;

  (vii) a committee; and

  (viii) an institution, including a state institution of higher education, as defined under Section 53B-3-102.

  (e) "State construction contract" means a contract for design or construction entered into by a state public procurement unit that is subject to this Rule R33-13-302 through R33-13-304.

  (2) In addition:

  (a) "Board" means the Procurement Policy Board created under provisions of the Utah Procurement Code.

  (b) "State Public Procurement Unit" means a State of Utah public procurement unit that is subject to Section 63G-6a-1303.

  (c) "State" as used throughout this Rule R33-13-302 through R33-13-304 means the State of Utah except that it also includes those entities described in Subsection R33-13-302(1)(e) as the term "state" is used in Subsection R33-13-302(5).